Discrimination based on gender uses which standard?

• A. Strict scrutiny
• B. Rational basis
• C. Intermediate scrutiny
• D. No scrutiny

Answer: (C)

Discrimination based on gender is reviewed under intermediate scrutiny. This is a heightened but not strict standard—enough of a guardrail to prevent casual or stereotype-driven laws, while not requiring the exceptionally tight fit that strict scrutiny demands for race or fundamental rights.

Under intermediate scrutiny, a gender-based classification must be substantially related to an important government objective. In other words, the law or policy has to serve a real, important goal, and the means chosen (the gender classification) must be closely tied to achieving that goal. It’s more demanding than rational basis review, which allows merely any legitimate purpose with a reasonable connection, but less demanding than strict scrutiny, which requires a compelling objective and the least restrictive means.

This standard arose to acknowledge that sex distinctions can be based on real differences or public policy needs, while still protecting equality. For example, a law that treats men and women differently must show that the gender distinction serves an important objective and that the relationship between the objective and the classification is substantial.