abstract:Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle.
First, the Courtrequiredespeciallystrictscrutinyoflegislation that employed a "suspectclassification", meaningdiscriminationagainstagroup on grounds that could be construed asracial.
Justice Anthony Kennedy dissented in that case, accusing the majority of shirking its constitutional duty to apply "strict scrutiny" to government policies that discriminate by race.
Neither the Obama administration nor the appellees in the marriage cases argue that the court should apply strictscrutiny in evaluating laws that make distinctions based on homosexuality.