What standard does the supreme court use to determine whether classification by sexual orientation violates the equal protection clause?

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Social Studies

Brooke Carter

Today, 01:58

What standard does the supreme court use to determine whether classification by sexual orientation violates the equal protection clause?

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Kristen Avery · Answer 1

The standard used by the Supreme Court to determine weather or not a classification by sexual orientation violates the equal protection act is minimum rationality standard. This standard, often referred to as Rational Basis Standard of Review, stipulates that the law must have a rational connection to a legitimate goal that the government has. It is higher if the law could be affecting fundamental rights like due process or equal protections.