Analysis begins by finding state action and identifying how the law classifies people. A classification may appear on the law's face, emerge from its administration, or arise from a facially neutral rule adopted with discriminatory purpose. Unequal effects can be powerful evidence, but disparate impact alone ordinarily does not prove an equal-protection violation. After identifying the classification or burdened fundamental right, a court selects the level of scrutiny.

Rational-basis review asks whether a classification is rationally related to a legitimate governmental purpose and ordinarily defers to elected government. Intermediate scrutiny, used principally for sex classifications, requires an important objective and a substantial relationship between means and objective. Strict scrutiny applies to racial classifications and many government burdens on fundamental rights; government must show a compelling interest and narrow tailoring. Strict scrutiny is demanding, but the label does not make invalidity logically automatic.

Suppose a city gives one parking fee to residents and another to visitors. The ordinary economic classification probably receives rational-basis review. A statute separating public-school students by race receives strict scrutiny. A rule explicitly distinguishing boys and girls ordinarily receives intermediate scrutiny. Do not select scrutiny from the importance of the policy alone; identify the classification or fundamental right that triggers the standard.

classification is proved. A law may classify on its face, through unequal administration, or through neutral text adopted with discriminatory purpose. Unequal impact can be evidence but ordinarily does not complete the constitutional intent claim. Courts may examine background, sequence, procedural departures, and official explanations. On a CLEP item, identify who received different treatment, the government actor, and the classification before selecting scrutiny. Equality does not require identical treatment when legally relevant circumstances differ.

Video lesson: Equal Protection: Crash Course Government and Politics #29