Legal Definitions - quasi-suspect classification

A quasi-suspect classification refers to a category of people that courts view with a heightened level of skepticism when a law or government action treats them differently. While not subject to the most rigorous judicial review (known as "strict scrutiny," which applies to "suspect classifications" like race or national origin), these classifications still trigger a more demanding standard of review than most other types of government distinctions. This heightened review is known as intermediate scrutiny.

Under intermediate scrutiny, for a law that uses a quasi-suspect classification to be upheld, the government must demonstrate two things: first, that the classification serves an important governmental interest; and second, that the means used are substantially related to achieving that interest. The primary categories recognized as quasi-suspect classifications are those based on gender and legitimacy (whether a child is born to married parents).

• Example 1: Gender-Based Scholarship Requirements

  Imagine a state university implements a policy stating that only male students are eligible for a specific type of state-funded scholarship aimed at promoting careers in engineering, arguing that men are historically underrepresented in that field. Female students, even if equally qualified, are excluded from applying for this particular scholarship.

  This policy creates a distinction based on gender. Because gender is a quasi-suspect classification, a court would apply intermediate scrutiny. The state would need to demonstrate an important governmental interest (e.g., addressing historical gender imbalance in a profession) and that excluding women from the scholarship is substantially related to achieving that interest. Courts often find such policies unconstitutional if they do not carefully consider whether the classification actually serves the stated purpose in a substantially related way, or if less discriminatory alternatives exist.

• Example 2: Inheritance Rights Based on Parental Marital Status

  Consider a state law that dictates that children born within a marriage automatically inherit from their father's estate if he dies without a will, but children born outside of marriage must prove paternity through a court order within a specific, short timeframe (e.g., six months) after the father's death to inherit. If they miss this deadline, they lose their inheritance rights.

  This law creates different inheritance rights based on the "legitimacy" of a child's birth (whether their parents were married). Since legitimacy is a quasi-suspect classification, a court would apply intermediate scrutiny. The state would need to demonstrate an important governmental interest (e.g., ensuring orderly administration of estates, preventing fraudulent claims) and that the differing and more burdensome requirements for children born outside marriage are substantially related to that interest. Courts have often found such distinctions unconstitutional if they unduly burden children born outside marriage without a sufficiently strong and substantially related justification.