Practice question
A legitimacy-based classification is properly assigned intermediate scrutiny. Its defense relies solely on the proposition that it does not burden a suspect class or a fundamental right. Officials therefore refuse to justify an important objective or substantial relationship. Which is correct?
- The absence of a strict-scrutiny trigger necessarily eliminates all heightened review.
- SPARK recognizes a middle tier for such classifications; exclusion from strict scrutiny does not establish sufficiency under intermediate scrutiny.
- Every classification must receive strict scrutiny.
- Legitimacy classifications are outside the Constitution.
- The court must use no standard at all.
Legal references
- Samahan ng mga Progresibong Kabataan v. Quezon City, G.R. No. 225442, August 8, 2017, main decision: https://lawphil.net/judjuris/juri2017/aug2017/gr_225442_2017.html
- Central Bank Employees Association v. Bangko Sentral ng Pilipinas, G.R. No. 148208, December 15, 2004, main decision, levels of scrutiny: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45406
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