Also known as:quasi-suspects · quasi suspect · quasi-suspect class · quasi-suspect classification
Written by attorneys · grounded in primary & secondary sources — see below
A classification receiving intermediate scrutiny under the Equal Protection Clause because the characteristic shares some indicia of suspectness, such as immutability and a history of purposeful unequal treatment, yet remains somewhat more likely than race to serve as a legitimate basis for distinction.
Sources & Authorities
How it applies
Common Examples
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Zoning Permit for Group Home
Queen Quintero applied for a special use permit to open a group home for adults with intellectual disabilities in a residential zone. The board denied the permit after neighbors submitted letters calling the prospective residents dangerous and unpredictable solely because of their mental condition. A court applies rational basis review because the classification is not quasi-suspect and invalidates the denial for resting on bare prejudice rather than any legitimate land-use interest.
Education Benefits for Undocumented Children
Quiana Qualls, an undocumented child, was denied enrollment in public school under a state statute that withheld funds from districts serving such students. The state defended the law by citing fiscal concerns and the children's immigration status. A court applies intermediate scrutiny to determine whether the exclusion furthers an important governmental objective in a substantially related manner.
Select any source to read its text and confirm it supports the definition.
Cases
Study Supplements
Plyler v. Doe457 U.S. 202, 231 (1982)
Mandatory Retirement for Police Officers
Quincy Quan, a fifty-five-year-old state trooper, was forced to retire under a statute setting a maximum age for officers. The state justified the rule by pointing to physical demands of the job and the need for younger personnel. A court declines to treat age as a quasi-suspect classification and upholds the statute under rational basis review because the distinction is rationally related to a legitimate governmental interest.
Massachusetts Board of Retirement v. Murgia427 U.S. 307, 313–14 (1976)
Statewide Ban on Antidiscrimination Laws
Quentin Quach, a gay resident, challenged a state constitutional amendment that repealed local ordinances protecting against sexual-orientation discrimination and barred future protections. The state defended the measure as preserving traditional moral values. A court applies rational basis review because sexual orientation is not quasi-suspect and invalidates the amendment for lacking any legitimate governmental purpose beyond a bare desire to harm a disfavored group.
Romer v. Evans517 U.S. 620 (1996)
Employment Discrimination Against State Employees
Quinley Quincy, a state employee with a history of mental illness, was denied a promotion under a policy that excluded individuals with certain disabilities from supervisory roles. The state defended the policy by citing concerns about workplace safety and performance. A court applies rational basis review because disability classifications are not quasi-suspect and upholds the policy when it is rationally related to a legitimate governmental interest in efficient operations.
Board of Trustees of the University of Alabama v. Garrett531 U.S. 356, 368 (2001)
Common questions
Frequently Asked
4
Which classifications receive quasi-suspect status and intermediate scrutiny?+
Gender and illegitimacy classifications receive quasi-suspect status. These characteristics are immutable, carry a history of discrimination, and are sometimes but not always relevant to legitimate governmental objectives, warranting a level of review between rational basis and strict scrutiny.
What standard must a law satisfy to survive intermediate scrutiny for a quasi-suspect classification?+
The classification must be substantially related to an important governmental objective. The justification must be genuine and may not rest on broad generalizations or stereotypes about the group.
Why are classifications based on intellectual disabilities not treated as quasi-suspect?+
Intellectual disability varies widely among individuals and many laws singling out this group are designed to assist rather than discriminate against them. The Supreme Court has therefore applied only rational basis review while still invalidating actions motivated by mere prejudice.
How does the presence of community animus affect review of a quasi-suspect classification?+
Bare hostility or negative attitudes toward the group never constitute a legitimate governmental interest. Even under rational basis review applied to non-quasi-suspect classes, a decision resting solely on prejudice fails equal protection.
517 U.S. 620 (1996)Constitutional Law
…Clause—is the governing standard. The trial court rejected respondents' argument that homosexuals constitute a "suspect" or "quasi-suspect" class, and respondents elected not to appeal that ruling to the Supreme Court of Colorado. See 882 P. 2d 1335, 1341, n. 3 (1994). And the Court implicitly rejects the Supreme Court of…