MBE Rules · Constitutional Law
Legitimacy Classifications
Clark v. Jeter
The rule
Classifications burdening nonmarital children receive intermediate scrutiny — they must be substantially related to an important governmental interest and cannot punish children for parental conduct.
In plain English
Legitimacy classifications refer to laws that treat children differently based on whether they were born to married or unmarried parents. Such classifications are subject to intermediate scrutiny, meaning they must serve an important government interest and cannot penalize children for the actions of their parents.
Worked example
A state law provides that only children born to married parents can inherit property from their deceased parents. An unmarried child challenges this law, arguing that it unfairly discriminates against them. The court applies intermediate scrutiny and finds the law does not serve an important governmental interest, ruling in favor of the child.
Memory hook
Intermediate scrutiny means no punishing kids for their parents' choices!
The trap
Exams may present scenarios where students confuse the level of scrutiny applied, often mixing it with rational basis or strict scrutiny. Watch out for questions that seem to involve parental conduct without clearly stating the classification at issue.
How examiners test it
Questions typically involve a fact pattern where a law differentiates between children based on their parents' marital status, prompting candidates to identify the appropriate level of scrutiny and its implications.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.