Suppose a state offers different public benefits based on age. The fact that losing the benefit causes serious hardship does not convert age into a suspect classification, so rational-basis review ordinarily applies. If the state instead assigns public-school seats expressly by race, strict scrutiny applies even if officials describe the program as helpful. A law expressly distinguishing men and women ordinarily falls between those standards. Do not assume that courts choose scrutiny by deciding how important the policy or injury feels. The trigger is the classification or fundamental right recognized by governing doctrine. After selecting the constitutional standard, ask whether a statute supplies additional protection. Disability classifications usually receive rational-basis equal-protection review, for example, while the Americans with Disabilities Act may impose specific accessibility or accommodation duties on covered entities. Constitutional scrutiny and statutory coverage are separate paths.

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