Which test is applied to sex-based classifications and requires an important government interest?

• A. Rational Basis Test
• B. Strict Scrutiny Test
• C. Heightened Scrutiny Test
• D. Equal Protection Clause

Answer: (C)

Sex-based classifications are reviewed under intermediate scrutiny, also called heightened scrutiny. This standard requires that the government show the regulation serves an important objective and that the means chosen are substantially related to achieving that objective. It sits between rational basis (which requires only a legitimate government interest) and strict scrutiny (which requires a compelling interest). A landmark idea, reinforced by cases like Craig v. Boren, is that gender distinctions must be substantially related to an important government objective. So the test being applied is Heightened Scrutiny. The Equal Protection Clause underpins this analysis, but the test itself is the intermediate/heightened scrutiny standard.