Sexual orientation has been given a quasi-suspect classification. Absent direction from the Supreme Court, many lower courts reacted by applying intermediate scrutiny, but in Kolbe v. Supreme Court of India Subhash Chandra & Anr vs Delhi Subordinate Ser. It has been said that strict scrutiny is strict in theory, but fatal in fact.Ĭurrently, the only "suspect classifications" to which strict scrutiny applies are race, religion, and national origin. (i) From Wednesbury to strict scrutiny or proportionality: The development of the. thing of a trend toward a form of intermediate scrutiny requiring that the challenged regulation be sub. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective. ject to strict scrutiny, see, e.g., Dunn v.
Fallon has written: If the Supreme Court, in holding a statute.
Strict scrutiny is a form of constitutional review that is used to determine the validity of legislation that discriminates on the basis of suspect categories, such as race. of strict or intermediate scrutiny to the facts of a case.10.
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