Which standard is used for sex-based classifications?

• A. Rational Basis Test
• B. Strict Scrutiny Test
• C. Heightened Scrutiny Test
• D. Suspect Classification

Answer: (C)

Sex-based classifications are examined under intermediate (heightened) scrutiny. This standard sits between rational basis and strict scrutiny: a law distinguishing by sex must be substantially related to an important government objective. The rationale is that gender distinctions deserve more protection than classifications like age or wealth, but less than race. Historical cases establish this approach: Craig v. Boren first set the idea of intermediate scrutiny for sex discrimination, and United States v. Virginia applied it to strike down a male-only admissions policy, requiring a substantially related and important objective. So the standard used is intermediate (heightened) scrutiny.