Discrimination against non-marital children is analyzed under which constitutional standard?

• A. Rational Basis
• B. Strict Scrutiny
• C. Intermediate Scrutiny
• D. Heightened Scrutiny

Answer: (C)

Discrimination against non-marital children is evaluated using an intermediate level of scrutiny. This means the state must show that the law serves an important objective and that the classification is substantially related to achieving that objective. It’s not treated as a fundamental-right or race-based suspect class (which would push toward strict scrutiny), and it’s more protective than a mere rational-basis review, which would defer to any conceivable purpose. In practice, laws that stigmatize illegitimacy face heightened scrutiny because they burden a socially sensitive status, requiring more than a mere plausible justification but not the most demanding “compelling interest” standard.