Define: Enhanced Scrutiny Test

The Enhanced Scrutiny Test is a legal standard used by courts to evaluate laws or government actions that potentially discriminate against certain groups, particularly those based on gender or illegitimacy.

The Enhanced Scrutiny Test is typically applied when a law or government action is challenged on the grounds of violating the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

The purpose of the Enhanced Scrutiny Test is to ensure that laws or government actions that potentially discriminate against certain groups are carefully examined and justified by the government, rather than being based on stereotypes or prejudices.

Under the Enhanced Scrutiny Test, courts consider several factors, including the history of discrimination against the affected group, the importance of the government’s interest in implementing the law, and whether the law is substantially related to achieving that interest.

While the Enhanced Scrutiny Test can be applied to various groups, it is most commonly used to protect women and illegitimate children from laws or government actions that treat them differently based on their gender or birth status.

The Enhanced Scrutiny Test is stricter than the rational basis test but less strict than the strict scrutiny test. It requires the government to demonstrate a more important or compelling interest and a closer relationship between the law and that interest compared to the rational basis test.

If a law fails the Enhanced Scrutiny Test, it is deemed unconstitutional and cannot be enforced. The court may strike down the law or require the government to modify it to comply with the constitutional requirements.

While the Enhanced Scrutiny Test is primarily used for gender-based and illegitimacy-based discrimination, courts have occasionally applied it to other groups, such as non-marital children or individuals with disabilities, depending on the circumstances of the case.

The Enhanced Scrutiny Test has been used to evaluate affirmative action programs that consider race or gender as a factor in admissions or employment decisions. These programs must meet the heightened scrutiny standard and demonstrate a compelling government interest in promoting diversity or remedying past discrimination.

The Enhanced Scrutiny Test is a legal standard established by the courts and can be modified or refined through subsequent court decisions. However, any changes would require a new case to be brought before the courts and a ruling to be made on the revised standard.