Also known as:important governmental objective · important government objectives · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A required element of the intermediate scrutiny standard applied to gender classifications under the Equal Protection Clause. The classification must serve an interest that qualifies as important and must be substantially related to achieving that interest. The government bears the burden of demonstrating both the importance of the objective and the substantial relationship.
Sources & Authorities
How it applies
Common Examples
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Marital Property Control Statute
Ivy Ibarra and her husband jointly own a duplex purchased as a marital investment. A state statute designates the husband as head of household and permits him alone to encumber the property. Ivy challenges the statute after a lender accepts a deed of trust signed only by her husband. The court applies intermediate scrutiny and finds that the statute fails to advance any important governmental objective because it rests on outdated assumptions about male control of family assets.
Cable Must-Carry Regulation
Iris Energy operates a cable system and objects to a federal rule requiring carriage of local broadcast stations. The company argues the rule burdens its editorial choices. The court subjects the content-neutral mandate to intermediate scrutiny and holds that the government has shown important interests in preserving free television and promoting fair competition that are unrelated to suppressing speech.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Course Outlines
Study Supplements
Public Military Institute Admission
India Inoue applies to a state-supported military college that excludes women. The state defends the policy by citing the school's adversative training method. The court requires the state to prove an exceedingly persuasive justification and finds that the asserted interest in single-sex education is not genuine and relies on overbroad generalizations about the capacities of men and women.
Violence Against Women Remedy
Imani Idowu sues her assailant under a federal civil remedy for gender-motivated violence. The defendant contends Congress lacked power to create the cause of action. The court examines whether the remedy can be justified as enforcing equal protection and concludes that state-sponsored gender discrimination must serve important governmental objectives with substantially related means.
United States v. Morrison529 U.S. 598 (2000)
Group Home Zoning Denial
Interlink Communications seeks a permit to operate a supervised residence for adults with intellectual disabilities. The city denies the permit citing safety concerns without supporting data. The court applies rational basis review but notes that gender classifications would require important governmental objectives substantially related to the classification, underscoring the lower threshold applied to disability classifications.
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
Religious Land Use Restriction
Infinity Bank challenges a city zoning ordinance that prevents expansion of its facilities on religious grounds. The bank claims the ordinance imposes a substantial burden. The court explains that under strict scrutiny the government must show a compelling interest, contrasting this with the important governmental objectives required under intermediate scrutiny for gender classifications.
City of Boerne v. Flores521 U.S. 507 (1997)
Common questions
Frequently Asked
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What must the government prove to satisfy the important governmental objectives prong?+
The government must identify a genuine objective that is important rather than hypothesized or based on stereotypes. It must also show that the gender classification is substantially related to achieving that objective.
Does administrative convenience qualify as an important governmental objective?+
No. The Court has repeatedly held that administrative ease and convenience are insufficient to justify gender-based classifications under intermediate scrutiny.
Who bears the burden of proof under the important governmental objectives test?+
The government bears the burden of proving both that the objective is important and that the classification is substantially related to it. The justification must be exceedingly persuasive.
Can a statute survive if it relies on overbroad generalizations about gender roles?+
No. Interests that rest on archaic or overbroad generalizations about the talents or preferences of men and women do not qualify as important governmental objectives.
521 U.S. 507 (1997)Property
…holding attempted by RFRA. Even assuming RFRA would be interpreted in effect to mandate some lesser test, say, one equivalent to intermediate scrutiny, the statute nevertheless would require searching judicial scrutiny of state law with the attendant likelihood of invalidation. This is a considerable congressional intrusion into the…