Instead, when confronted with plausible candidates for heightened scrutiny, such as gays and lesbians, the Court has engaged in sporadic application of stealth rational basis review
has resulted in three tiers of analysis: rational basis review
In its words and its deed, Windsor established a level of scrutiny for classifications based on sexual orientation that is unquestionably higher than rational basis review
Therefore, because sexual orientation is not a suspect class, triggering strict scrutiny, the Court need only conduct rational basis review
to determine the constitutional validity of Amendment 2.
that might warrant heightened scrutiny instead of rational basis review
Part II considers whether courts should adopt intermediate scrutiny or a form of rational basis review
in examining school disciplinary measures under the First Amendment.
54) In a related but distinct analysis, the Louisiana Supreme Court found that because the Louisiana statute contained no medical exception, it failed rational basis review
Applying a rational basis test to the "don't ask, don't tell" policy, the court concluded that "given the substantial deference owed Congress' assessment of the need for the legislation, the act survives rational basis review
Rational basis review
is so lenient that it almost always results in the validation of state policies (in this sense, the 2003 Massachusetts ruling was an aberration), while strict scrutiny is so stringent that it almost always results in the invalidation of such policies.
The court did not defer to the governmental interests Colorado claimed the law served--respect for other citizens' freedom of association --as rational basis review
would ordinarily require.
45) Yet, the Lawrence Court intimated that it was using something more than mere rational basis review
to strike down the Texas statute.
Although the Goodridge court decided the case under the Massachusetts Constitution, the reasoning invoked under that document parallels that of its federal counterpart: Each jurisprudence applies heightened scrutiny to statutes that draw a suspect classification or implicate a fundamental right and applies rational basis review
to all other statutes.