Intermediate Scrutiny

Definition - What does Intermediate Scrutiny mean?

Intermediate scrutiny is a legal criterion that is sometimes used to determine whether a law is constitutional. It is typically applied in cases when the law demonstrates bias toward a specific sex or gender. It has also been applied in cases where the law allows someone to be treated differently due to their sexual preference.

Justipedia explains Intermediate Scrutiny

Intermediate scrutiny is one of three standards employed in constitutional challenges. As such, its requirements fall between those mandated by strict scrutiny or rational basis review.

In order to meet the requirements of intermediate scrutiny, a law must accomplish two objectives. First, it must promote a significant government cause, function or policy. Second, it must do so in a way that is largely related to that cause, function or policy.

In addition to gender and sexual orientation discrimination cases, intermediate scrutiny is used in some First Amendment cases.

Share this:

Connect with us

Find a Lawyer