Equal Protection Tests (Standards of Review)

1.  MINIMUM SCRUTINY TEST (used for non-suspect classifications like age) (also called rational basis test and minimum rationality review)

Is the use of the classification rationally related to a legitimate government interest?

(The challenger must prove that the use of the classification is not rationally related to a legitimate government interest.)


2.  INTERMEDIATE SCRUTINY TEST (used for quasi-suspect classifications like gender)

Is the use of the classification substantially related to the accomplishment of an important government interest?

(The government must prove that the use of the classification is substantially related to the accomplishment of an important governmental objective, but the government need not prove that the use of the classification is absolutely necessary to the accomplishment of the objective only that there is a close fit between the use of the classification and the government's objective. In gender discrimination cases, an objective that is based on reinforcing gender stereotypes would not be sufficient.)

3.  STRICT SCRUTINY TEST (used for suspect classifications like race)

Is the use of the classification necessary (narrowly tailored) to the accomplishment of a compelling government interest?

(Both necessary or, in the alternative, narrowly tailored under this test means the government must prove that it cannot achieve its compelling objective without the use of the classification. In other words, that there is no less discriminatory classification that the government can employ in order to achieve its compelling objective. Alternative less discriminatory classifications can be ones that don't employ the suspect trait at all as well as classifications that employ the trait, but to a lesser extent. Sometimes the phrase narrowly tailored is used and sometimes the word necessary is used, but in the context of strict scrutiny narrowly tailored means necessary.)