Final answer:
The equal protection test applied to cases based on gender and legitimacy is intermediate scrutiny, which requires the government to justify the unequal treatment based on an important governmental objective.
Step-by-step explanation:
The equal protection test applied to cases based on gender and legitimacy is intermediate scrutiny. This standard requires the government to demonstrate that treating men and women differently is substantially related to an important governmental objective. It puts the burden of proof on the government to justify the unequal treatment. An example of a case subjected to intermediate scrutiny is Craig v. Boren (1976), where the Supreme Court applied this standard to evaluate the legality of a law setting different drinking ages for men and women.