Question

What standard does the supreme court use to determine whether classification by sexual orientation violates the equal protection clause?

Answer 1

The standard used by the Supreme Court to determine weather or not a classification by sexual orientation violates the equal protection act is minimum rationality standard. This standard, often referred to as Rational Basis Standard of Review, stipulates that the law must have a rational connection to a legitimate goal that the government has. It is higher if the law could be affecting fundamental rights like due process or equal protections.