Suspect classification - sustany/dvg GitHub Wiki

Definition

Suspect classification refers to a�class of individuals that have been historically subject to discrimination.�

Overview

Under Equal Protection, when a statute discriminates against an individual based on a�suspect classification, that statute will be subject to either�strict scrutiny or intermediate scrutiny. �

There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. However, this is not an inclusive list.��

Determining a Suspect Classification

"Discrete and insular minorities"

In determining whether someone deserves to be considered within a suspect classification, a court will look at whether the person is a "discrete and insular minorit[y]."�In determining whether someone is a discrete and insular minority (and thus the person's claim deserves strict scrutiny), courts will look at a variety of factors, including but not limited to�whether the person has an inherent trait, whether the person has a trait that is highly visible, whether the person is part of a class which has been disadvantaged historically, and whether the person is part of a�group that has historically lacked effective representation in the political process.

Further Reading

For more on suspect classifications, see this Seattle University Law Review article�and this��St. John's Law Review article.