MBE Rules · Constitutional Law
Equal Protection — intermediate scrutiny
The rule
Intermediate scrutiny applies to classifications based on gender and non-marital status (illegitimacy). Government must show the law is substantially related to an important government interest. For gender, requires an exceedingly persuasive justification (VMI).
In plain English
When a law treats people differently because of gender or being born out of wedlock, the government must prove the law is closely connected to a significant goal.
Worked example
A city law requires only male firefighters to pass a strength test. The city must show the test is crucial for safety and not just based on stereotypes, or the law will be struck down.
Memory hook
Gender gap? Substantial link needed. Intermediate scrutiny demands a strong tie to important goals, especially with gender.
The trap
Students think: any government interest suffices. Wrong, because it must be important. The actual test is substantially related to an important interest.
How examiners test it
The MBE loves: gender classification + weak government interest. Trap: assuming any interest works. Remember, it must be important and persuasive, especially post-VMI.
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