Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection. What are the three tests? When is each applied? In your opinion, why have different tests been developed?

Answer 1

The rational relationship test applies to economic legislation and requires only that the classification conceivably bear some rational relationship to a legitimate governmental interest the classification seeks to further. Under this standard, there is a strong presumption that the legislation is constitutional. The strict scrutiny test is much more exacting. It requires that the legislature's classification be necessary to promote a compelling governmental interest. The strict scrutiny test is applied to cases involving suspect classifications made on the basis of race or national origin. It also is applied when governmental action affects fundamental rights. The intermediate test is more rigorous than the rational relationship test but less demanding than the strict scrutiny test. It is applied in cases involving legislation that makes classifications based on gender or legitimacy. Under this test, the classification must have a substantial relationship to an important governmental objective. Different tests developed to protect individual rights depending on the nature and importance of the rights involved.