Suspect Classification (Suspect Class)

A suspect classification is a distinction presumed to be unconstitutional in equal protection analysis when a law or regulation discriminates against certain groups of people. The U.S. Supreme Court has recognized race, national origin and alienage as suspect classifications. While there is no official list of criteria to be a suspect class, U.S. courts have noted whether the group has an immutable characteristic (such as race or national origin), whether the group is a discrete and insular minority, and whether the group has historically faced discrimination.

When a law or regulation involves a suspect classification, the law is subject to strict scrutiny before it can be upheld. The state action is presumed to be unconstitutional and the government must show that the law achieves a compelling state interest by narrowly tailored means.

The 1944 Supreme Court decision Korematsu v. United States, which dealt with the internment of Japanese Americans during World War II, stated that legal restrictions on the civil rights of a single group would be "suspect." While race and national origin are considered to clearly be suspect classifications, some legal scholars argue that other groups should also be considered suspect classes. The argument has been made that gender as well as sexual orientation distinctions should be considered suspect classifications.