Also known as: middle level review standard · middle-level standard of review · intermediate scrutiny · intermediate standard of review
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review that requires a classification to be substantially related to an important governmental objective. The government bears the burden of showing an exceedingly persuasive justification that is genuine rather than hypothesized.
Mina Mehta and her husband jointly own their home. The state statute designates the husband as head of household and permits him to sell the property without Mina's consent. Mina challenges the statute after the sale occurs. The court applies the middle-level review standard to the gender classification and finds no substantial relation to an important objective.
Midwest Cable operates a cable system that must carry certain government messages under a new regulation. The messages displace fifteen percent of the operator's own promotional content. Midwest Cable sues, claiming the rule burdens its speech. The court applies the middle-level review standard and examines whether the rule advances important interests without burdening substantially more speech than necessary.
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Michelle Murphy applies to a state military academy that excludes women. The academy defends the policy as necessary for training effectiveness. Michelle sues under the Equal Protection Clause. The court applies the middle-level review standard and requires the state to demonstrate an exceedingly persuasive justification substantially related to an important objective.
Musa Mensah seeks support for his nonmarital child six years after birth. State law imposes a six-year limit on such claims while allowing marital children to seek support indefinitely. Musa challenges the distinction. The court applies the middle-level review standard to the illegitimacy classification and finds it fails because the limit is not substantially related to preventing stale claims.
A state law sets the minimum drinking age at twenty-one for men but eighteen for women. Young men denied purchase of beer challenge the statute. The court applies the middle-level review standard and holds the gender classification fails because it is not substantially related to an important governmental objective.
A state criminal statute punishes only males for statutory rape with underage females. A male defendant challenges the gender classification. The court applies the middle-level review standard and upholds the law because the classification is substantially related to the important objective of preventing teenage pregnancy.
The government must demonstrate an exceedingly persuasive justification showing that the classification is substantially related to an important governmental objective. The justification must be genuine and may not rest on overbroad generalizations.
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Gender classifications and classifications based on illegitimacy receive middle-level review. Content-neutral regulations of speech are also evaluated under this standard when they advance important interests unrelated to suppressing expression.
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Middle-level review demands a substantial relationship to an important objective and places the burden on the government. Rational basis review requires only a rational relationship to a legitimate interest and places a lighter burden on the government.
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No. Traditional assumptions about marital roles or male dominance in property management do not constitute an important governmental objective. The classification must advance a genuine interest through substantially related means.
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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…