Which of the following is a quasi-suspect class?

• A. Gender
• B. Legitimacy
• C. Race
• D. National origin

Answer: (A)

The concept being tested is that some classifications are reviewed with heightened scrutiny, but not as strictly as race or national origin. Gender is treated as a quasi-suspect class, which means laws that distinguish based on sex must pass intermediate scrutiny: the classification must be substantially related to an important government objective. This acknowledges that gender distinctions often reflect real differences and purposes, but they cannot be used to promote inequality based on stereotypes. The government must show a substantial relationship between the gender-based classification and an important objective, rather than merely a reasonable or arbitrary justification.

Race and national origin are subjected to strict scrutiny, requiring a compelling state interest and narrow tailoring, so they’re not quasi-suspect. Legitimacy isn’t treated as a quasi-suspect class in modern doctrine, so it isn’t in the same category as gender for heightened review.