Discrimination based on sexual orientation is reviewed under which standard?

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

Answer: (A)

Sexual orientation discrimination is generally analyzed under rational basis review because it is not treated as a suspect or quasi-suspect class that would trigger heightened scrutiny. Under rational basis, the government only has to show that the challenged classification is rationally related to a legitimate government interest, and the burden is on the challenger to show there is no conceivable legitimate purpose. Courts give deference to lawmakers’ policy judgments, and a law typically stands as long as any plausible legitimate justification can be imagined. A key case illustrating this approach is Romer v. Evans, where the Court invalidated a measure targeting gays because there was no conceivable rational basis for the differential treatment, highlighting that the rationale cannot rest on animus. It’s worth noting that when a discrimination involves a fundamental right (for example, marriage), the analysis can become much stricter (strict scrutiny), but for most sexual orientation classifications outside those contexts, rational basis is the governing standard.