Which criteria must a law meet in order to pass the government’s strict scrutiny test to reasonably discriminate? Select all that apply.
Responses
It must further a compelling government interest.
It must further a compelling government interest.
It must be important to the public.
It must be important to the public.
It must use the least restrictive means to achieve its purpose.
It must use the least restrictive means to achieve its purpose.
It must serve a purpose for a majority of Americans.
It must serve a purpose for a majority of Americans.
It must affect age, disability, or gender, and not race, national origin, or religion.
It must not use race, national origin, or religion as a basis for discrimination.
It must further a compelling government interest.
It must use the least restrictive means to achieve its purpose.
To determine the criteria a law must meet in order to pass the government's strict scrutiny test, we need to understand what the strict scrutiny test is and what it requires. The strict scrutiny test is a highly demanding standard used by courts to evaluate laws that potentially infringe upon or discriminate against certain fundamental rights or protected classes. Laws that are subject to strict scrutiny are closely scrutinized and must meet several criteria to survive judicial review. The criteria a law must meet to pass the strict scrutiny test include:
1. It must further a compelling government interest: A law must have a legitimate and compelling government interest, meaning that the government has a significant reason or purpose for enacting the law. This interest should be important enough to warrant a potential restriction on individual rights or discriminatory treatment.
2. It must use the least restrictive means to achieve its purpose: The law must be specifically tailored to achieve its intended purpose and narrowly drawn to minimize any unnecessary infringement on individual rights or discrimination. This means that the law should not be overly broad or go beyond what is necessary to achieve the government's compelling interest.
3. It must not be based on race, national origin, or religion: The strict scrutiny test does not allow laws to discriminate based on race, national origin, or religion. However, the test may allow reasonable discrimination based on other factors such as age, disability, or gender. So, the statement in the question stating that the law must affect age, disability, or gender, and not race, national origin, or religion is correct.
4. It must be important to the public: While not explicitly stated in the question, it is generally understood that the law must also be important to the public. The compelling government interest must serve a significant public purpose in order to justify potential infringement on individual rights or discriminatory treatment.
Based on these criteria, the correct statements would be:
- It must further a compelling government interest.
- It must use the least restrictive means to achieve its purpose.
- It must affect age, disability, or gender, and not race, national origin, or religion.
- It must be important to the public.