Also known as: middle level scrutiny · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review lying between rational-basis review and strict scrutiny. The standard requires that a classification based on a quasi-suspect category such as gender or legitimacy be substantially related to an important governmental objective.
Matthew Martinez and Mariam Mansour own their residence as marital property. A state statute designates the husband as head of household and permits him to convey the home without his wife's signature. Mariam challenges the statute after Matthew sells the property to a developer. The court applies middle-level scrutiny and invalidates the statute because the gender classification lacks a substantial relationship to any important governmental objective.
Matrix Technologies operates a cable system that must carry local broadcast channels under federal regulations. The company claims the rules compel speech and displace its own programming. The court subjects the content-neutral mandate to middle-level scrutiny and upholds it after finding that the rules advance important interests in preserving broadcast access without burdening substantially more speech than necessary.
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Megan Moore applies to a state-supported military college that excludes women. The state defends the single-sex policy as necessary to preserve a distinctive educational environment. The court applies middle-level scrutiny and requires the state to demonstrate an exceedingly persuasive justification that is substantially related to an important objective rather than resting on overbroad generalizations about women.
Miles Montgomery seeks support for his nonmarital child six years after birth. State law imposes a six-year limitations period on paternity actions brought on behalf of nonmarital children while permitting marital children to seek support at any time. The court applies middle-level scrutiny to the illegitimacy classification and strikes the deadline because the state failed to show a substantial relationship to preventing stale claims.
Michael Craig challenges a state law setting the drinking age at 21 for men but 18 for women. The statute creates an explicit gender classification. The court applies middle-level scrutiny and invalidates the law because the classification is not substantially related to an important governmental objective.
Michael M. challenges a statute that criminalizes statutory rape only when committed by males. The law creates a gender classification. The court applies middle-level scrutiny and upholds the statute because the classification is substantially related to the important governmental interest in preventing teenage pregnancy.
Gender classifications receive middle-level scrutiny. The government must show that the classification serves an important governmental objective and that the means are substantially related to achieving that objective.
No. Such a statute creates a facial gender classification. The classification fails because it rests on outdated stereotypes rather than a substantial relationship to an important governmental objective.
Content-neutral regulations receive middle-level 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.
Middle-level scrutiny 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 is highly deferential.
The government must supply an exceedingly persuasive justification that is genuine and not hypothesized. Overbroad generalizations about the roles of men and women do not satisfy the standard.
…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…