Suspect classification

In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an equal protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or other government action, or sometimes private action. When a law or government action affects a group that falls under a suspect classification, courts apply the strict scrutiny standard in reviewing the constitutional validity of a law or action.

Criteria

The United States Supreme Court has mentioned a variety of criteria that, in some combination, may qualify a group as a suspect class, but the Court has not declared that any particular set of criteria are either necessary or sufficient to qualify.

Some of the criteria that have been cited include:

The group has historically been discriminated against or have been subject to prejudice, hostility, or stigma, perhaps due, at least in part, to stereotypes.

They possess an immutable or highly visible trait.

They are powerless to protect themselves via the political process and is a "discrete" and "insular" minority.

The group's distinguishing characteristic does not inhibit it from contributing meaningfully to society.

Classification

Suspect class

The Supreme Court established suspect classifications as judicial precedent with two related decisions after the attack on Pearl Harbor involving executive orders restricting the rights of Japanese American citizens—Hirabayashi v. United States and Korematsu v.