Also known as:semi-suspect classification · semi-suspect class · quasi-suspect status · quasi-suspect class · intermediate scrutiny
Written by attorneys — see sources below.
A classification that receives intermediate scrutiny under the Equal Protection Clause because the affected group has endured a history of discrimination yet retains sufficient political power to preclude strict scrutiny.
See Our Sources· 8 primary sources
Cases
How its tested
Common Examples
6
Husband-Only Mortgage Authority
Sylvia Santos and her husband jointly own rental houses. A state statute designates the husband as head of household and permits him alone to mortgage the properties. Sylvia challenges the statute after her husband records a mortgage over her objection. The court applies intermediate scrutiny because the rule rests on a gender classification and invalidates the statute for lack of an exceedingly persuasive justification substantially related to an important governmental objective.
Higher Drinking Age For Men
A state law sets the minimum drinking age at 21 for men and 18 for women. Male plaintiffs challenge the statute as an impermissible gender classification. The court applies intermediate scrutiny, requires the state to show an important objective substantially related to the classification, and invalidates the law because the justification rests on overbroad stereotypes.
Single-Sex Admissions Policy
Serena Soto applies to a state military college that admits only men. The school defends the policy as necessary to preserve its distinctive educational method. The court applies intermediate scrutiny to the gender classification, requires an exceedingly persuasive justification, and invalidates the policy because the justification rests on overbroad generalizations about women rather than a genuine important objective.
Paternity Suit Limitations Period
Santiago Sanchez brings a paternity action on behalf of a nonmarital child six years after birth. A state statute bars such suits after six years while permitting marital children to seek support indefinitely. The court subjects the illegitimacy classification to intermediate scrutiny and invalidates the limitation because it is not substantially related to preventing stale claims.
Group Home Permit Denial
Skyline Construction seeks a permit to operate a group home for adults with intellectual disabilities. The city council denies the permit after neighbors express fears of danger without supporting evidence. The court applies rational basis review, declines to treat intellectual disability as a quasi-suspect classification, and invalidates the denial because it rests on irrational prejudice rather than a legitimate interest.
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
In July 1980, respondent Jan Hannah purchased a building at 201 Featherston Street in Cleburne, Texas.
Hannah intended to lease the property to Cleburne Living Center, Inc. (CLC) for use as a group home.
The home would house thirteen mentally retarded men and women under constant staff supervision.
The building contained four bedrooms and two baths, and CLC planned to add a half bath while complying with all applicable state and federal regulations for an Intermediate Care Facility for the Mentally Retarded.
The site lay in an R-3 Apartment House District.
The city's zoning ordinance permitted apartment houses, boarding houses, hospitals, and nursing homes in that district without special permission.
However, the ordinance required a special use permit, renewable annually after a public hearing, for hospitals for the insane or feeble-minded.
The city classified the proposed group home as a hospital for the feeble-minded and informed CLC that a permit was required.
After a public hearing, the City Council voted three to one to deny the application.
CLC and its prospective residents filed suit in federal district court against the city and its officials.
They alleged that the ordinance and its application discriminated against the mentally retarded in violation of the Equal Protection Clause.
The district court upheld the ordinance and the denial.
It found that the council's decision was motivated by the residents' mental retardation yet rationally related to legitimate interests such as neighborhood safety and property values.
The Court of Appeals for the Fifth Circuit reversed, holding that mental retardation is a quasi-suspect class and that the ordinance was invalid both facially and as applied.
The Supreme Court granted certiorari to review the equal protection issues raised by the zoning ordinance and its application to the proposed group home.
Statutory Rape Gender Distinction
A state statute criminalizes statutory rape when committed by a male but not when committed by a female. A male defendant challenges the gender classification. The court applies intermediate scrutiny and upholds the statute because the classification is substantially related to the important governmental interest in preventing teenage pregnancy.
5 common questions
Students Frequently Ask...
Which classifications receive semi-suspect status and intermediate scrutiny?
Gender and illegitimacy classifications receive semi-suspect status. Courts apply intermediate scrutiny to these classifications and require the government to show an important objective and a substantial relationship between the classification and that objective.
Does sexual orientation receive semi-suspect status?
The Supreme Court has not accorded classifications based on sexual orientation semi-suspect or suspect status. Such classifications therefore receive rational basis review unless another protected classification is also present.
What level of scrutiny applies to intellectual disability classifications?
Intellectual disability classifications receive rational basis review. The Supreme Court has declined to treat persons with intellectual disabilities as a quasi-suspect class warranting intermediate scrutiny.
How does a court decide whether a gender classification survives intermediate scrutiny?
The government must demonstrate an exceedingly persuasive justification that the classification is substantially related to an important governmental objective. The justification must be genuine and may not rely on overbroad stereotypes about the abilities of men or women.
What happens when a statute grants husbands unilateral control over jointly owned marital property?
The statute creates a facial gender classification that triggers intermediate scrutiny. Courts invalidate such rules because they rest on outdated assumptions about marital roles and lack a substantial relationship to any important governmental objective.
. The State has a legitimate interest in providing for the care and treatment of the mentally retarded. The legislative response to this problem has been to provide for community-based group…
is appropriate for a restraint on commercial speech designed to protect consumers from misleading or coercive speech, or a regulation related to the time, place, or manner of commercial…
, departing from the prior understanding that strict
scrutiny
should apply to all race-based governmental action. We concluded that Metro Broadcasting was inconsistent with the…
Constitutional LawIndividual rights · Equal protectionUBEIntermediate