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{{Merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|date=October 2007}} |
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{{Merge|Strict scrutiny|Talk:Compelling state interest#Merger proposal|date=October 2007}} |
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'''The compelling state interest test''' is a test used by the ] in due process and equal protection claims under the ] for state action and under the ] for federal action. It is part of the ] analysis that a federal court will employ when either a suspect class is involved or a fundamental right. A government action or statute subject to strict scrutiny must satisfy a compelling state interest that is narrowly tailored to achieve that interest. The court will give the strictest scrutiny of the state or federal action when it impacts or targets a specially protected class (race, ethnicity) or when a fundamental and Constitutionally protected right is involved (Freedom of Speech, Right to Vote). The compelling state interest test is distinguishable from the ] test, which involves Fourteenth and Fifth Amendment claims that do not involve a ] and involve a ] rather than a ]. |
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'''The compelling state interest test''' is a test used by the ] in ] and ] claims under the ] for state action and under the ] for federal action. It is part of the ] analysis that a federal court will employ when either a ] is involved or a ]. A government action or statute subject to strict scrutiny must satisfy a compelling state interest that is narrowly tailored to achieve that interest. The court will give the strictest scrutiny of the state or federal action when it impacts or targets a specially protected class (race, ethnicity) or when a fundamental and Constitutionally protected right is involved (Freedom of Speech, Right to Vote). The compelling state interest test is distinguishable from the ] test, which involves Fourteenth and Fifth Amendment claims that do not involve a suspect class and involve a ] rather than a fundamental right. |
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== Notable cases == |
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== Notable cases == |
