Also known as: middle tier scrutiny · intermediate scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A standard of judicial review that requires a challenged classification or regulation to be substantially related to an important governmental objective. The government bears the burden of demonstrating an exceedingly persuasive justification that is genuine rather than hypothesized and does not rest on overbroad generalizations. This level applies to gender classifications and content-neutral restrictions on speech.
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Malcolm McKinley and Megan Moore jointly own several rental properties. A state statute permits only the husband to mortgage or sell the assets without the wife's consent. Megan challenges the statute after Malcolm attempts a sale. The court applies middle-tier scrutiny and invalidates the law because the gender classification lacks a substantial relationship to any important governmental objective.
Meridian Motors operates a streaming platform. A federal rule requires platforms to carry a government channel featuring public service content. The mandate displaces some of Meridian's preferred programming. Under middle-tier scrutiny the court upholds the rule because it advances important interests unrelated to speech suppression and burdens no more speech than necessary.
Michelle Murphy seeks admission to a state military college that excludes women. The state defends the policy by citing tradition and the need for separate training environments. The court subjects the gender classification to middle-tier scrutiny and requires the state to prove an exceedingly persuasive justification substantially related to an important objective.
Miles Montgomery 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. The court applies middle-tier scrutiny to the illegitimacy classification and holds that the statute fails because it is not substantially related to preventing stale claims.
The government must demonstrate that the classification or regulation is substantially related to an important governmental objective and supply an exceedingly persuasive justification that is genuine rather than hypothesized.
Yes. Content-neutral rules such as must-carry provisions receive middle-tier scrutiny under which the government must show that the regulation advances important interests unrelated to the suppression of speech and does not burden substantially more speech than necessary.
Gender classifications receive middle-tier scrutiny. The government bears the burden of proving that the classification is substantially related to an important objective and may not rely on overbroad generalizations that perpetuate stereotypes of inferiority.
Classifications based on illegitimacy receive middle-tier scrutiny and must be substantially related to an important governmental objective such as preventing stale or fraudulent claims.
No. Administrative convenience does not satisfy middle-tier scrutiny for gender classifications because the classification must be substantially related to an important objective rather than mere efficiency.