Intermediate scrutiny

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Part of the series on
U.S. Discrimination Law
Standards of Review

Rational basis review
Intermediate scrutiny
Strict scrutiny

Other Legal Theories

Substantive due process
State action doctrine

Defining Moments in Law

The 14th Amendment
Plessy v. Ferguson
Brown v. Board of Education
Loving v. Virginia
U.S. v. Virginia
Romer v. Evans
Lawrence v. Texas

Modalities of Constitutional Law


The intermediate scrutiny test in constitutional law is applied to statutes that affect quasi-suspect classifications such as making distinctions based on gender. This test requires invalidating a statute that discriminates based on gender unless the government can prove that the statute is substantially related to an important government purpose.

If the Equal Rights Amendment had passed, then the strict scrutiny test would be applied to all gender-related laws and rules, and that test is almost impossible to pass.