Suspect classification

Wealth suspect class

Today, only six states authorize same-sex marriage. Finally, some facially neutral laws which lack any racially discriminatory intent are carried out in a racially discriminatory manner. Levels of judicial review[ edit ] Strict scrutiny[ edit ] To satisfy the strict scrutiny, suspect classifications such as race, alienage, or national origin must be necessary to promote a compelling state interest when there is no less restrictive alternative method available to accomplish the government state's interest. Tell a friend about us , add a link to this page, or visit the webmaster's page for free fun content. Purposeful Discrimination Absent a legislative intent to discriminate on the basis of race or national origin, the classification will not be suspect and therefore not subject to strict scrutiny. 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. Strict scrutiny is also applied to restrictions of any fundamental right , regardless of the group involved. Absent a showing of discriminatory intent, the law will not be subjected to strict scrutiny. Richardson , U. See City of Richmond v. In , the U. The concept of suspect classifications was first discussed by the Supreme Court in korematsu v.

Levels of judicial review[ edit ] Strict scrutiny[ edit ] To satisfy the strict scrutiny, suspect classifications such as race, alienage, or national origin must be necessary to promote a compelling state interest when there is no less restrictive alternative method available to accomplish the government state's interest.

Purposeful Discrimination Absent a legislative intent to discriminate on the basis of race or national origin, the classification will not be suspect and therefore not subject to strict scrutiny. A State may, generally, choose to give its citizens more rights or protections than the minimum federal standard when considering state law.

suspect classification quizlet

District Court for Northern California discussed this type of classification, but applied heightened scrutiny without specifically labeling gays and lesbians a suspect or quasi-suspect class in its decision.

A rationale for this closer scrutiny was suggested by the Court in a famous footnote in the case of Carolene Products v. Hence, a State law that discriminates against citizens because of their race, must be reviewed by the applicable State and inferior federal courts using the strict scrutiny basis of review.

These programs can be aimed at remedying practices by private employers, state or federal employers, or state or federal contracts.

Suspect classification

The characterization of a class as deviant colors this analysis: a history of discrimination against deviants is expected, while such history regarding non-deviants merits stricter scrutiny. If the discriminatory intent is found by the court, then the law will be subjected to strict scrutiny. Pena, U. When a suspect classification is at issue, the government has the burden of proving that the challenged policy is constitutional. A classification is called suspect because it is likely to be based on illegal discrimination. However, with the decision of Adarand Constructors, Inc. Introduction Legislation frequently involves making classifications that either advantage or disadvantage one group of persons, but not another. California classifies sexual orientation as a suspect class under state law. A rationale for this closer scrutiny was suggested by the Court in a famous footnote in the case of Carolene Products v. Classifications Burdening Fundamental Rights 1. United States see box at left. Korematsu v. For example, in the Supreme Court of California used the strict scrutiny basis of review to strike down a California statute denying legal recognition of same-sex marriages. Hence, a State law that discriminates against citizens because of their race, must be reviewed by the applicable State and inferior federal courts using the strict scrutiny basis of review. The Court suggested that Louisiana's system might serve the legitimate purpose of promoting "morale and esprit de corps" on the river.

Indigent single parents receive government financial aid that is denied to millionaires. Quasi-suspect class[ edit ] Intermediate scrutiny is applied to groups that fall under a "quasi-suspect classification.

which of the following is a suspect classification

HoganS. The U.

Suspect classifications under the equal protection clause

Suspect Classification Suspect Classification Law and Legal Definition Suspect classification refers to a characteristic used in applying a law, which a court will review subject to a strict scrutiny standard. However, the question that arises is what to do with laws that seek to remedy past discrimination by giving advantages in certain areas to certain minorities in an attempt to remedy the effects of the past discrimination. The "equal protection of the laws" is a more explicit safeguard of prohibited unfairness than "due process of law," and, therefore, we do not imply that the two are always interchangeable phrases. Finally, some facially neutral laws which lack any racially discriminatory intent are carried out in a racially discriminatory manner. Racial and ethnic classifications are the two suspect classifications most often given strict scrutiny. Croson Co. United States see box at left.
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Suspect Class Legal Definition