What is the classification?

Facially Neutral

Facially Discriminatory

What is it discriminating
against?

Race, National Origin,

Aliens

The text of the law

draws a distinction
among people
base on race or
national origin.

Facially
Discriminatory

The administration
of the law has a
discriminatory act
and can prove
discriminatory
purpose.

Facially Neutral

Anything Else
Gender, nonmarital children
Rational Basis:

Gender discrimination based on

stereotypes is not allowed, and gender
classifications benefiting women
designed to remedy past discrimination
is allowed.

Strict Scrutiny:

Intermediate

Upheld only if it is proven necessary to

achieve a compelling purpose.
Burden is on state and is almost always
struck down.

Upheld only if is substantially related to

an important government purpose.
Burden of justification is on the state
and is demanding.

A minimum level of scrutiny. The

challenger has the burden of
proof.

Does the law have a

legitimate purpose?

Are the classifications drawn

in a statute are reasonable in
light or its purpose?