6/17/2023 0 Comments Define strict scrutiny![]() Īs the law currently stands, neither sexual orientation nor gender identity is considered a federal suspect class, although many states do consider them such.Īlienage, or the state of being an alien, i.e. Bruning, but was reversed on appeal by the United States Court of Appeals for the Eighth Circuit. District Court for the District of Nebraska held the same in Citizens for Equal Protection v. District Court for the Northern District of California in its Findings of Fact commented that sexual orientation could be considered a suspect class, but on the facts presented Proposition 8 failed even to satisfy the much more deferential rational basis review. The Supreme Court recognizes race, national origin, religion and alienage as suspect classes it therefore analyzes any government action that discriminates against these classes under strict scrutiny. The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v. The group's distinguishing characteristic does not inhibit it from contributing meaningfully to society.(The group is a "discrete" and "insular" minority. They are powerless to protect themselves via the political process.They possess an immutable or highly visible trait.The group has historically been discriminated against or have been subject to prejudice, hostility, or stigma, perhaps due, at least in part, to stereotypes.Some of the criteria that have been cited include: The United States Supreme Court has mentioned a variety of criteria that, in some combination, may qualify a group as a suspect class, but the Court has not declared that any particular set of criteria are either necessary or sufficient to qualify. ![]() When a law or government action affects a group that falls under a "suspect classification," courts apply the strict scrutiny standard in reviewing the constitutional validity of a law or action. These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or other government action, or sometimes private action. In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. Classification of groups that are likely the subject of discrimination
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