Difference between revisions of "Strict scrutiny"
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'''Strict scrutiny''' is a form of constitutional review that is used to determine the validity of [[legislation]] that discriminates on the basis of suspect categories, such as [[race]]. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective.<ref>''[[Loving v. Virginia]]'', 338 U.S. 1</ref> It has been said that strict scrutiny is strict in theory, but fatal in fact. | '''Strict scrutiny''' is a form of constitutional review that is used to determine the validity of [[legislation]] that discriminates on the basis of suspect categories, such as [[race]]. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective.<ref>''[[Loving v. Virginia]]'', 338 U.S. 1</ref> It has been said that strict scrutiny is strict in theory, but fatal in fact. | ||
| − | Currently, the only "suspect classifications" to which strict scrutiny applies are race,<ref>''Brown v. Board of Education''</ref> [[religion]],<ref>''Yick Wo v. Hopkins'' (118 U.S. 356)</ref> and | + | Currently, the only "suspect classifications" to which strict scrutiny applies are race,<ref>''Brown v. Board of Education''</ref> [[religion]],<ref>''Yick Wo v. Hopkins'' (118 U.S. 356)</ref> and national origin.<ref>''Korematsu v. U.S.'' (323 U.S. 214)</ref> Sexual orientation has been given a quasi-suspect classification.<ref>''Romer v. Evans'', see also ''Lawrence v. Texas''</ref> |
== References == | == References == | ||
<references/> | <references/> | ||
Latest revision as of 21:27, July 4, 2018
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| U.S. Discrimination Law |
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Rational basis review |
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The 14th Amendment |
| Modalities of Constitutional Law |
Strict scrutiny is a form of constitutional review that is used to determine the validity of legislation that discriminates on the basis of suspect categories, such as race. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective.[1] It has been said that strict scrutiny is strict in theory, but fatal in fact.
Currently, the only "suspect classifications" to which strict scrutiny applies are race,[2] religion,[3] and national origin.[4] Sexual orientation has been given a quasi-suspect classification.[5]
