Legal Definitions - quasi-suspect classification

Quasi-Suspect Classification

Quasi-suspect classification is a legal term used in constitutional law to describe a classification based on gender or legitimacy. This classification is subject tointermediate scrutiny under equal-protection analysis. For example, laws that permit alimony for women only or provide for an all-male draft are examples of quasi-suspect classification.

Quasi-suspect classification is different from suspect classification, which is a statutory classification based on race, national origin, or alienage. Suspect classification is subject to strict scrutiny under equal-protection analysis. Examples of laws creating suspect classifications are those that permit only U.S. citizens to receive welfare benefits and set quotas for the government's hiring of minority contractors.

The difference between the two classifications is that suspect classification is considered more severe and is subject to stricter scrutiny than quasi-suspect classification.

• A law that permits alimony for women only is an example of quasi-suspect classification.
• A law that provides for an all-male draft is another example of quasi-suspect classification.

These examples illustrate how quasi-suspect classification is based on gender or legitimacy and is subject to intermediate scrutiny under equal-protection analysis. The laws that permit alimony for women only and provide for an all-male draft are subject to intermediate scrutiny because they treat men and women differently. The government must show that there is an important government interest in treating men and women differently and that the law is substantially related to that interest.