Which level of scrutiny applies to gender classifications?

• A. Strict scrutiny
• B. Rational basis
• C. Intermediate scrutiny
• D. Heightened scrutiny

Answer: (C)

Gender classifications are reviewed under intermediate scrutiny. This level sits between rational basis and strict scrutiny: the government must show that the classification serves an important objective and that the means chosen are substantially related to that objective. It’s more demanding than the deferential rational-basis standard, which applies to most classifications, but it’s not as demanding as strict scrutiny, which requires a compelling interest and narrowly tailored measures. In practice, courts treat sex-based distinctions as quasi-suspect, so they require a stronger showing than mere plausibility, yet stop short of requiring the most stringent justification reserved for race or national origin. If the objective is important and the connection between the classification and that objective is substantial, the measure may be upheld; otherwise, it will be struck down.