What type of scrutiny is applied to government classifications based on sex or age?

The classification based on sex or age typically falls under intermediate scrutiny. This standard is used in constitutional cases where laws differentiate between individuals based on characteristics such as sex or certain age distinctions.

Intermediate scrutiny requires that the government demonstrate that the challenged classification serves an important governmental objective and that the means employed are substantially related to that objective. For instance, a law that treats men and women differently must aim to address an important issue, such as promoting equal opportunity in employment and must be closely aligned with that goal.

This scrutiny level is particularly significant in the context of gender discrimination cases, where courts seek to protect against unfair treatment while still allowing for some regulatory freedom on behalf of the government. Age classifications also come into play in scenarios where the law aims to regulate based on maturity or responsibility, such as in voting or drinking laws.

The rational basis test, on the other hand, is a less stringent standard applied to most classifications; it merely requires that the law has a legitimate government interest. Strict scrutiny is reserved for classifications based on race or fundamental rights, necessitating that the law serves a compelling governmental interest and is narrowly tailored to achieve that interest. Heightened scrutiny is not a distinct category but is often used interchangeably with intermediate scrutiny.

Thus, intermediate scrutiny stands