Strict Scrutiny

Definition: Strict scrutiny is a standard of judicial review used to examine whether a law or regulation violates the Constitution. In order to pass strict scrutiny, the law must have been passed to further a compelling government interest, and the law must be narrowly tailored to achieve that interest. A law is subject to strict scrutiny when it concerns either a fundamental right, such as the right to vote, or a suspect classification, such as race, religion or national origin.

Unlike race, classifications based on gender are not considered suspect. Instead, sex-based discrimination or gender classifications are subject to what has been dubbed intermediate scrutiny. It is intermediate because it falls between strict scrutiny and rational basis review, which is the least rigorous standard. Strict scrutiny is the most rigorous of the three tiers of scrutiny.