Also known as: intermediate tests · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review positioned between rational basis and strict scrutiny. The government must demonstrate that a challenged classification or regulation is substantially related to an important governmental objective and that the means are substantially tailored to that objective.
Ike Ingram and Isabella Ingram jointly own rental properties. A state statute permits only Ike to execute a deed conveying one parcel. Isabella sues, alleging an equal protection violation. The court applies intermediate scrutiny because the statute draws an explicit gender line. The statute fails because the state offers no evidence that limiting authority to husbands substantially advances an important interest in efficient record-keeping.
Interlink Communications operates a streaming service. A federal rule requires it to carry a government-curated channel of independent films. Interlink sues, claiming the mandate burdens its speech. The court applies intermediate scrutiny to the content-neutral obligation. The rule survives because the government shows that promoting access to independent content advances an important interest and the single-channel requirement does not burden substantially more speech than necessary.
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Isaiah Ishikawa applies to a state military college that admits only men. The state defends the policy as preserving educational diversity. The court subjects the gender classification to intermediate scrutiny. The policy fails because the state cannot supply an exceedingly persuasive justification that is substantially related to an important objective and instead relies on overbroad stereotypes about men and women.
Iain Irons seeks support for his nonmarital child six years after birth. State law bars such suits after six years while allowing marital children to seek support indefinitely. Iain challenges the limitation. The court applies intermediate scrutiny to the illegitimacy classification. The statute fails because the state presents no evidence that the six-year cutoff is substantially related to preventing stale or fraudulent claims.
Integrity Partners posts directional signs for a temporary event. A town ordinance imposes stricter size and duration limits on directional signs than on ideological signs. Integrity sues under the First Amendment. The court determines that the distinction is content-based and therefore subject to strict scrutiny rather than intermediate scrutiny. The ordinance is struck down because the town cannot satisfy the higher standard.
Innovate Pharmaceuticals seeks to expand a facility used for religious services. A city zoning rule substantially burdens the expansion. The company invokes a federal statute requiring strict scrutiny of such burdens. The court holds that the statute exceeds Congress's enforcement power under the Fourteenth Amendment. Intermediate scrutiny is not the governing test because the statute attempts to impose a stricter standard than the Constitution requires.
Gender classifications receive intermediate scrutiny. The government must show that the classification is substantially related to an important governmental objective and must supply an exceedingly persuasive justification that is genuine rather than hypothesized.
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Yes. Content-neutral regulations such as must-carry rules for cable or streaming platforms are evaluated under intermediate scrutiny. The government must demonstrate that the regulation advances important interests unrelated to the suppression of speech and does not burden substantially more speech than necessary.
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A statute granting husbands unilateral authority over jointly owned marital property fails intermediate scrutiny. The classification is not substantially related to an important governmental objective and instead rests on overbroad generalizations that perpetuate traditional gender roles.
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Yes. Statutes that impose shorter limitations periods on paternity actions brought on behalf of nonmarital children than on actions brought on behalf of marital children must be substantially related to an important governmental objective. A six-year cutoff that lacks supporting evidence of preventing stale claims fails the test.
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…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…