Breed is the clearest example of a suspect classification. For example, in Loving v. Virginia, 388 U.S. 1, 87 S. Ct. 1817, 198 L. Ed. 2d 1010 (1967), the Supreme Court reviewed a Virginia law that prohibited interracial marriages. The court found that the breed was the basis for the classification and was therefore suspect. The court struck down the law because Virginia could not demonstrate a compelling state interest in preventing interracial marriage. Laws that discriminate on the basis of religion or ethnicity, as well as laws that affect fundamental rights, are also inherently suspect. The Supreme Court has not recognized age and sex as suspect classifications, although some lower courts treat sex as a suspect or quasi-suspect classification. In Perry v.
Schwarzenegger, United States The District Court for the Northern District of California commented in its findings of fact that sexual orientation could be considered a suspect class, but based on the facts presented, Proposition 8 could not even meet the much more respectful rational basic examination. [7] The United States District Court for the District of Nebraska similarly ruled in Citizens for Equal Protection v. Bruning,[8] but was overturned on appeal by the United States Court of Appeals for the Eighth Circuit. [9] There are four generally accepted suspect classifications: race, religion, national origin, and alienation. However, this list is not exhaustive. In U.S. constitutional law, a suspect classification is a category or group of people who meet a set of criteria indicating that they are likely to be discriminated against. These categories are further considered by the courts when an application for equality protection alleging unconstitutional discrimination is invoked against a law, regulation or other government action, or sometimes against a private measure. When a law or government action affects a group that falls under a “suspect classification,” courts apply the strict standard of review to review the constitutional validity of a law or measure.
A group that meets the following criteria is a suspect class. First, a group must have suffered a history of discrimination. Second, the group must lack political power. Third, the group must have an immutable trait such as skin color. Fourth, the group must be a separate and distinct minority. [ “Suspect class.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/suspect%20class. Retrieved 27 September 2022. To determine whether a person deserves to be considered in a suspicious classification, a court will determine whether the person is a “discreet and insular minority.” In determining whether a person is a distinct and insular minority (and therefore whether the person`s claim merits rigorous consideration), courts will consider a variety of factors, including, but not limited to, whether the person has an inherent characteristic, whether the person has a characteristic that is clearly visible, whether the person is part of a class, who has been historically disadvantaged, and whether the person is part of a group that historically has not been effectively represented in the political process. In the United States, a suspect class is a legal term that refers to a group that has experienced discrimination in the past. To be considered a suspect category, a group must meet certain factors determined by the U.S.
Supreme Court. Groups that do not meet all factors fall into a quasi-suspect category. The courts use these classifications to decide the level of review to be taken of government actions that may violate the constitutional rights of persons belonging to a particular category. Levels of review include rigorous audit, interim audit and rational basis. The U.S. Supreme Court has listed a variety of criteria that, in any combination, can qualify a group as a suspect category, but the Court has not stated that a particular set of criteria is necessary or sufficient to qualify. [1] The FindLaw Legal Dictionary — free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Alienation, or the state of being an alien, that is, a non-citizen of the United States, is a unique category. For purposes of state law, aliens in a lawful situation are a suspect category (Graham v.
Richardson, 403 U.S. 365 (1971)). Thus, the action of the State is analyzed after a rigorous examination. In contrast, because the U.S. Congress has the power to regulate immigration, federal government actions that discriminate on the basis of alienation are subject to rational scrutiny. State actions concerning illegal immigrants are generally analysed with a rational basic examination, except in the case of the upbringing of children, in which case they are analysed in the context of an interim examination on the basis of Plyler v. Doe, 457 U.S. 202 (1982). The Supreme Court set a precedent for suspect classifications in Hirabayashi v. United States, 320 U.S. 81 [5] and Korematsu v.
United States, 323 U.S. 214 (1944). [6] The Supreme Court recognizes race, national origin, religion and alienation as suspect categories; It therefore analyses all State measures that discriminate against these classes under strict control. If, under the same protection, a law discriminates against a person on the basis of a suspicious classification, that law is subject to either a rigorous audit or an interim audit.
