Intermediate scrutiny

	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
	Textual; Responsive;

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.