What is Intermediate Scrutiny? Explained for Civics Students

📚 What is Intermediate Scrutiny?

Intermediate scrutiny is a legal test used by courts to determine if a law violates the Equal Protection Clause of the Fourteenth Amendment. It's applied when a law discriminates based on certain classifications, like gender or legitimacy (i.e., being born out of wedlock). This standard is stricter than rational basis review but less strict than strict scrutiny.

📜 History and Background

The development of intermediate scrutiny represents a middle ground between the more lenient "rational basis review" and the stricter "strict scrutiny." The Supreme Court began to formulate this standard in the 1970s as it grappled with cases involving gender discrimination. It acknowledged that gender classifications, while not as suspect as race, still required a higher level of judicial review than economic regulations.

⚖️ Key Principles of Intermediate Scrutiny

For a law to pass intermediate scrutiny, it must meet two primary conditions:

• 🎯 Important Government Interest: The law must serve an important government interest. This is a higher bar than the "legitimate" interest required under rational basis review.
• 🔗 Substantially Related: The law must be substantially related to achieving that important government interest. This means there must be a close fit between the law and its purpose. The law can't be overly broad or rely on stereotypes.

🌍 Real-World Examples

Here are some examples where intermediate scrutiny has been applied:

• 👩‍💼 Craig v. Boren (1976): An Oklahoma law prohibited the sale of 3.2% beer to males under the age of 21 and to females under the age of 18. The Supreme Court struck down the law, finding that the gender-based distinction did not substantially relate to the goal of traffic safety.
• 🚹 United States v. Virginia (VMI) (1996): The Virginia Military Institute (VMI) had a male-only admission policy. The Supreme Court ruled that VMI's exclusion of women violated the Equal Protection Clause because Virginia failed to show an exceedingly persuasive justification for the gender-based classification.

💡 Conclusion

Intermediate scrutiny provides a crucial level of protection against discriminatory laws, particularly those based on gender. It ensures that the government's actions are not based on outdated stereotypes and that any differential treatment is genuinely related to an important government objective. While not as stringent as strict scrutiny, it plays a vital role in safeguarding equality under the law.