Answer to Question 1
In cases where a suspect classification is involved, the government must meet the strict scrutiny testit must show that its suspect form of discrimination is necessary (narrowly tailored) to meet a compelling governmental interest. In cases involving a semi-suspect form of discrimination, the government must satisfy the intermediate scrutiny testit must show that its semi-suspect form of discrimination is substantially related to an important governmental interest. And in cases where the discrimination is non-suspect, the government must satisfy the rational basis testit must show that its non-suspect distinction is rationally related to a legitimate governmental interest.
Answer to Question 2
In United States v. Virginia (1996 ), Justice Ruth Bader Ginsburg, who as a lawyer argued a number of sex discrimination cases before the Court, held that governments must offer an exceedingly persuasive justification before they will be allowed to make sex-based distinctions in public policy. Courts generally apply the intermediate scrutiny standard to sex-based discrimination under the Equal Protection Clause.
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