Which test is applied to sex-based classifications and requires an important government interest?

Which test is applied to sex-based classifications and requires an important government interest?

• A. Rational Basis Test
• B. Strict Scrutiny Test
• C. Heightened Scrutiny Test
• D. Equal Protection Clause

Answer: (C)

Sex-based classifications are evaluated under intermediate (heightened) scrutiny. This standard sits between the lenient rational basis test and the demanding strict scrutiny: the government must show an important objective and that the means chosen are substantially related to achieving that objective. The Court established this for sex classifications to protect against gender bias while not applying the tougher strict scrutiny used for race or fundamental rights. A landmark justification for this approach is Craig v. Boren, which held that sex-based distinctions must be substantially related to an important governmental objective. The Equal Protection Clause provides the framework for analysis, but the specific test used for sex classifications is the heightened/intermediate scrutiny standard. Compared to the other options, rational basis would require only a rational connection to a legitimate interest and is too weak for sex distinctions; strict scrutiny would demand a compelling interest and narrow tailoring, which is reserved for race or fundamental rights; and the Equal Protection Clause is the constitutional provision, not the test itself.