HopefullyInLawSchool
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Simple English definitions for legal terms
Suspect classification
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A quick definition of Suspect classification:
Suspect classification refers to a group of people who have been treated unfairly in the past because of who they are. This includes people who have been discriminated against because of their race, religion, where they come from, or if they are not from the same country as most people. When a law or rule treats people unfairly because of their suspect classification, it will be looked at very carefully by the courts to make sure it is fair.
A more thorough explanation:
Suspect classification refers to a group of people who have historically been discriminated against. When a law discriminates against someone based on a suspect classification, the law will be subject to strict scrutiny or intermediate scrutiny.
There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. However, this is not an inclusive list.
In determining whether someone deserves to be considered within a suspect classification, a court will look at whether the person is a "discrete and insular minority." This means that the person is part of a group that has historically been disadvantaged and lacks effective representation in the political process.
For example, African Americans have historically been discriminated against in the United States. Therefore, they are considered a suspect classification. Laws that discriminate against African Americans will be subject to strict scrutiny.
Another example is the LGBTQ+ community. They have also been historically discriminated against and lack effective representation in the political process. Therefore, laws that discriminate against them will also be subject to strict scrutiny.