Also known as: strict in theory but fatal in fact · strict in theory and fatal in fact · strict scrutiny
Written by attorneys · grounded in primary & secondary sources — see below
A characterization of the strict scrutiny standard of judicial review. Under that standard a law or classification is upheld only when it is narrowly tailored to serve a compelling governmental interest. The phrase acknowledges that the standard is rigorous yet does not invariably invalidate the challenged action.
Santiago Sanchez and fellow practitioners of Santeria seek to perform animal sacrifices central to their faith. The city enacts an ordinance that prohibits only the precise method they use while allowing other animal killings. The court applies strict scrutiny and finds the ordinance fails because it is not necessary to any compelling interest.
Sterling Manufacturing, owned by a minority contractor, bids on a city project that reserves a percentage of contracts for minority firms. The city offers only general assertions of past societal discrimination rather than evidence of specific local discrimination. The court applies strict scrutiny and invalidates the program for lack of narrow tailoring.
Select any source to read its text and confirm it supports the definition.
Sabrina Shah runs a religious foster agency that declines to certify same-sex couples on faith-based grounds. The city allows case-by-case exemptions for secular reasons but refuses one here. The court applies strict scrutiny because the policy is not generally applicable and finds the city cannot satisfy the standard.
Sebastian Santos applies to register a trademark containing a term some view as derogatory. The Patent Office rejects the application under a statutory bar on disparaging marks. The court applies strict scrutiny to the viewpoint-based restriction and holds the bar unconstitutional.
Samantha Stone and her husband seek contraceptives from a licensed physician. State law criminalizes their use and distribution even within marriage. The court applies strict scrutiny to the burden on the fundamental right of marital privacy and invalidates the statute.
Stonehaven Properties proposes a multifamily development in a predominantly white suburb. Village officials deny the permit after hearing community opposition tied to racial demographics. The court examines whether discriminatory purpose exists and applies strict scrutiny to any racial classification that emerges.
No. The phrase describes the demanding nature of strict scrutiny while recognizing that the standard permits some classifications or regulations to survive when they are narrowly tailored to a compelling interest. The Court has explicitly stated that strict scrutiny is not fatal in fact.
Supporting sources
Strict scrutiny applies when a law is not neutral or generally applicable because it targets religious conduct or permits individualized exemptions that allow officials to favor secular interests. Once triggered the government must prove the law is necessary to a compelling interest.
The program must rest on a strong basis in evidence of specific past discrimination in the relevant industry and jurisdiction. General assertions of societal discrimination are insufficient and the remedy must be narrowly tailored to the identified discrimination.
Such restrictions are subject to strict scrutiny because trademarks are private speech. A statutory bar that denies registration based on disapproval of the speaker's viewpoint fails the standard and is unconstitutional.
…law restricting marriage to opposite-sex couples constituted a classification on the basis of sex and was therefore subject to strict scrutiny under the Hawaii Constitution. Baehr v. Lewin , 74 Haw. 530, 852 P. 2d 44. Although this decision did not mandate that same-sex marriage be allowed, some States were concerned by its…