Question

For which of the following would the Supreme Court most likely apply an intermediate scrutiny standard of review to determine whether the policy is an unconstitutional violation of the equal protection clause?

a. A law that classifies individuals based on their race.
b. A law that classifies individuals based on their gender.
c. A law that classifies individuals based on their age.
d. A law that classifies individuals based on their religious beliefs.

Answer 1

The Supreme Court would apply an intermediate scrutiny standard to a law that classifies individuals based on their gender. This standard requires the government to demonstrate that the gender classification is substantially related to an important governmental objective.

Step-by-step explanation:

For the Supreme Court to most likely apply an intermediate scrutiny standard of review to determine whether a policy violates the equal protection clause, the policy would have to involve classification based on gender. Therefore, the correct answer is b. A law that classifies individuals based on their gender.

Intermediate scrutiny requires that the government must show that the law or policy is "substantially related to an important governmental objective."

This standard has been specifically applied in cases of gender discrimination, such as in Craig v. Boren (1976) and Clark v. Jeter (1988). Laws classifying individuals based on race, national origin, and religion typically are subjected to strict scrutiny, the highest standard of review, where the government must show that the law is narrowly tailored to achieve a compelling governmental interest and is the least restrictive means to do so.