Difference between revisions of "Strict scrutiny"
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{{discrimlaw}}Strict Scrutiny is a form of constitutional review that is used to determine the validity of legislation that discriminates on the basis of suspect categories, such as race. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective.<ref>''[[Loving v. Virginia]]'', 338 U.S. 1</ref> It has been said that strict scrutiny is strict in theory, but fatal in fact. | {{discrimlaw}}Strict Scrutiny is a form of constitutional review that is used to determine the validity of legislation that discriminates on the basis of suspect categories, such as race. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective.<ref>''[[Loving v. Virginia]]'', 338 U.S. 1</ref> It has been said that strict scrutiny is strict in theory, but fatal in fact. | ||
| − | Currently, the only "suspect classifications" to which strict scrutiny applies are race,<ref>''Brown v. Board of Education''</ref> religion,<ref>''Yick Wo v. Hopkins'' (118 U.S. 356)</ref> national origin | + | Currently, the only "suspect classifications" to which strict scrutiny applies are race,<ref>''Brown v. Board of Education''</ref> religion,<ref>''Yick Wo v. Hopkins'' (118 U.S. 356)</ref> and national origin <ref>''Korematsu v. U.S.'' (323 U.S. 214) </ref>. Sexual orientation has been given a quasi-suspect classification.<ref>''Romer v. Evans'', see also ''Lawrence v. Texas''</ref> |
== Reference == | == Reference == | ||
<references/> | <references/> | ||
Revision as of 05:39, April 27, 2007
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The 14th Amendment |
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Strict Scrutiny is a form of constitutional review that is used to determine the validity of legislation that discriminates on the basis of suspect categories, such as race. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective.[1] It has been said that strict scrutiny is strict in theory, but fatal in fact.
Currently, the only "suspect classifications" to which strict scrutiny applies are race,[2] religion,[3] and national origin [4]. Sexual orientation has been given a quasi-suspect classification.[5]