Because civil rights are not absolute, national courts have developed "tests" that can be used to evaluate when discrimination is acceptable. The legality of differential treatment based on a suspect classification is assessed using the severe scrutiny test (race, ethnic origin, religion).
Which scrutiny is used in cases involving suspect classes?
An equal protection claim will frequently need strict scrutiny. The legislature must have either passed a statute that violates a basic right or involved a suspicious classification for a court to use strict scrutiny. The following categories of suspects exist race, national origin, religion, and alienage.
How to pass a strict scrutiny test?
To pass legislation that will stand up to close examination, the legislature has to pass it in support of a "compelling governmental interest" and carefully craft it to achieve that goal. When deciding whether governmental discrimination is constitutional, a court will use strict scrutiny as the highest level of examination.
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