Also known as: racial classification · race-based classifications
Written by attorneys · grounded in primary & secondary sources — see below
A governmental distinction drawn on the basis of race that triggers strict scrutiny, whether imposed by federal, state, or local government.
Ruby Rivera, owner of a non-minority firm, submits the lowest bid for a federal highway project. The agency awards the contract to a competing firm solely because its owners belong to a designated racial minority. Rivera sues, claiming the racial preference violates equal protection.
Ryan Roberts, a white resident, and Renee Rogers, a Black resident, apply for a marriage license in their home state. Officials refuse the license under a statute prohibiting unions between persons of different races. The couple challenges the denial as an unconstitutional racial classification.
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Rowan Russell and Ronald Reed, a same-sex couple, seek a marriage license. State officials cite the state's refusal to recognize marriages that cross racial lines as precedent for limiting marriage. The couple argues the racial precedent itself rests on an invalid classification.
Renata Russo, a Black defendant, objects when the prosecutor uses peremptory strikes to remove all Black venire members. The strikes rest solely on the jurors' race. Russo claims the racial exclusion violates equal protection.
Riverstone Manufacturing sponsors an employee scholarship at a state university. The university awards a fixed number of admission points solely to applicants of specified racial minorities. An employee whose child receives no points sues, alleging an unconstitutional racial classification.
Raven Logistics applies for a state contract. The state awards the contract under a facially neutral rule that disproportionately excludes minority-owned firms. Evidence shows the rule was adopted with the purpose of achieving that racial result. Raven challenges the action as an intentional racial classification.
A plan triggers strict scrutiny when race is the predominant factor in drawing district lines, subordinating traditional criteria such as compactness and respect for political subdivisions. Evidence of bizarre shapes and explicit racial targets shows predominance. Once race predominates, the state must prove a compelling interest and narrow tailoring.
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No. A facially neutral law receives strict scrutiny only if the plaintiff proves that race was the predominant motive behind its enactment. Awareness of disparate impact alone does not establish a racial classification.
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Yes. Every racial classification imposed by federal, state, or local government, whether it burdens or benefits a racial group, must satisfy strict scrutiny. The classification must be narrowly tailored to a compelling governmental interest.
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The law receives the most rigid scrutiny because it rests on a racial classification. It cannot stand absent a legitimate purpose independent of invidious racial discrimination and must also survive due process review as an infringement on the fundamental right to marry.
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…treatment of interracial couples. It stated: “There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.” 388 U.S., at 12. With this link to equal protection the Court proceeded to hold the prohibition offended central precepts of…