There is no reasonable, rational link between that interest and the challenged law.Ĭourts using this test are highly deferential to the government and will often deem a law to have a rational basis as long as that law had any conceivable, rational basis - even if the government never provided one.The government has no legitimate interest in the law or policy or.Under the rational basis test, the person challenging the law (not the government) must prove either: This is the lowest level of scrutiny applied to challenged laws, and it has historically required very little for a law to pass as constitutional. As with strict scrutiny, intermediate scrutiny also places the burden of proof on the government. Some federal appellate courts and state supreme courts have also applied this level of scrutiny to cases involving sexual orientation. Supreme Court in 1976 to be used whenever a law discriminates based on gender or sex.
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