Suspect classification

From Wikipedia, the free encyclopedia

In United States Supreme Court jurisprudence, Suspect classification is a classification of groups which meet a series of criteria suggesting they are likely the subject of discrimination.

In the process of making laws, legislatures sometimes establish classifications that give one group an advantage over another. For instance, in the United States those under the age of 21 are not allowed to purchase alcohol. This rule shows preference to the group of individuals who are 21 and older.

Certain laws that advantage one group over the other can be contentious and may eventually be appealed to a high court.

Strict scrutiny is applied to regulations that affect groups that fall under a "suspect classification." Intermediate scrutiny is applied to classifications based on gender and/or sexual orientation^{[citation needed]}. Rational basis scrutiny is applied to non-suspect classifications.

To be considered a suspect classification in the U.S. a group must meet all of the following criteria:

1. The groups' characteristics are immutable. (Race, national origin)
2. The group shares a history of discrimination.
3. The group is politically impotent.
4. The group is a discrete and insular minority. (see U.S. v. Carolene Products)

Suspect classifications that discriminate on the basis of race or national origin are typically analyzed under strict scrutiny. Gender classifications receive heightened or intermediate scrutiny.

[edit] References