Supreme Court has different versions of intermediate scrutiny in First Amendment jurisprudence. What is an example of intermediate scrutiny? What is Strict Scrutiny Test? A form of judicial review that courts use to determine the constitutionality of certain laws that on their face raise problematic suggestions of potential abuse or discriminatory intent. differences in sex are more likely relevant. scrutiny, rational basis plus, intermediate scrutiny, strict scrutiny lite, and rational basis. The reasons that gender classifications dont get strict scrutiny are: 4. In striking the ban on same-sex marriage in Obergefell v. thing of a trend toward a form of intermediate scrutiny requiring that the challenged regulation be sub. Classifications based on gender and illegitimacy will trigger intermediate scrutiny. ject to strict scrutiny, see, e.g., Dunn v. The lesser standards are rational basis review and exacting or intermediate scrutiny. Terms in this set (11) Classifications based on and will trigger intermediate scrutiny. The law must have an important (rather than compelling) state interest and must be substantially related to achieving the interest. What are the two tests of strict scrutiny? Intermediate Scrutiny Unlike strict scrutiny, a classification that falls under intermediate scrutiny has a lower overall threshold to justify a law that affects the class. Public schools illustrate the difference between strict and intermediate scrutiny. It is also applied when a law or government action specifically affects a suspect class. In practice, this has provided women broad protection against discrimination, while preserving the right to provide things like female-only sports, sex-segregated prison housing, and female nurses for intimate exams. Strict scrutiny is used if the classification involves a fundamental right under the Bill of Rights or under the Due Process Clause. between strict scrutiny and either intermediate or minimum scrutiny.2 Certainly, the now classic language of a 'substantial relation,' 22 as distinct from either genuinely narrow-tailoring, or a merely rational relationship, promotes such a misunderstanding. Virginia (1967), the Supreme Court applied Strict Scrutiny to strike down Virginia's law banning interracial marriage. During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race.