Intermediate Scrutiny Test | Standards of Judicial Review | Equal Protection | THE BILL OF RIGHTS

Intermediate Scrutiny Test under the Equal Protection Clause

I. Overview of the Equal Protection Clause

The Equal Protection Clause, embedded in Section 1, Article III of the 1987 Philippine Constitution, guarantees that "no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws." This clause ensures that all persons similarly situated must be treated alike by the law. However, the guarantee does not prevent the government from making distinctions or classifications between different groups or persons, provided that such classifications are reasonable and justifiable under the established standards of judicial review.

II. Standards of Judicial Review in Equal Protection Cases

There are three principal standards of judicial review used in determining the constitutionality of a law or government action that classifies persons differently:

1. Rational Basis Test (used in economic or social legislation),
2. Intermediate Scrutiny Test (used in cases involving quasi-suspect classifications), and
3. Strict Scrutiny Test (used in cases involving suspect classifications or fundamental rights).

The Intermediate Scrutiny Test, also known as the heightened scrutiny test, falls between the deferential Rational Basis Test and the stringent Strict Scrutiny Test.

III. The Intermediate Scrutiny Test

A. Nature and Application

The Intermediate Scrutiny Test is applied when the law or governmental action classifies individuals based on what is known as a quasi-suspect classification, or when it involves important, but not fundamental rights. In the context of the Equal Protection Clause, quasi-suspect classifications include, but are not limited to:

1. Gender,
2. Illegitimacy,
3. Sexual Orientation (in some jurisdictions).

This test requires that:

1. The government must show that the classification serves an important governmental objective, and
2. The means employed must be substantially related to the achievement of that objective.

B. Important Governmental Objective

For the intermediate scrutiny test to be satisfied, the government must demonstrate that the law or classification addresses a matter of significant public interest, meaning the objective must be "important" and not merely legitimate. This means that the state's goal must be compelling enough to warrant differential treatment, though it is less demanding than the "compelling governmental interest" requirement under strict scrutiny.

Examples of important governmental objectives include:

• Promoting gender equality,
• Addressing issues related to the welfare of children born out of wedlock, or
• Protecting public safety in certain contexts.

C. Substantially Related Means

The law or classification must also be "substantially related" to the achievement of the governmental objective. This means that the relationship between the classification and the government’s goal must be strong and logical, but it need not be the least restrictive means (as is required under strict scrutiny). The law must not be overbroad, nor should it be under-inclusive. There must be a meaningful connection between the classification and the objective sought to be achieved.

D. Examples of Application

The intermediate scrutiny test has been applied in a variety of cases, both internationally and in Philippine jurisprudence, particularly in cases dealing with gender discrimination and illegitimacy. Some examples include:

1. Gender Discrimination:

   • The test has been used to evaluate laws that distinguish based on gender. The government must show that the differential treatment of men and women is substantially related to an important governmental interest.
   • Example: Garcia v. Drilon (G.R. No. 179267, June 25, 2013) – The Supreme Court upheld the constitutionality of the Anti-Violence Against Women and their Children Act (RA 9262), which provides protection to women and children in intimate relationships, even though it applies primarily to women. The Court ruled that the law's gender-specific provisions are justified because women and children are more vulnerable to domestic violence, thus serving an important government interest.

2. Illegitimacy:

   • The intermediate scrutiny test has also been applied in cases involving the rights of illegitimate children. The government must justify distinctions between legitimate and illegitimate children by showing that such classifications are substantially related to an important state interest.
   • Example: Levy v. Louisiana (391 U.S. 68, 1968) – The U.S. Supreme Court applied intermediate scrutiny to strike down a law that prevented illegitimate children from recovering damages for the wrongful death of their mother. The Court held that such a classification was not substantially related to any legitimate state interest and therefore violated the Equal Protection Clause.

E. Substantial Nexus Between Means and Ends

In an intermediate scrutiny analysis, the government must demonstrate a substantial nexus between the classification it has made and the objective it seeks to achieve. This standard is less rigorous than the "narrowly tailored" requirement under strict scrutiny, but the means cannot be arbitrary or overly broad. It requires a closer fit than what is demanded under the rational basis test, where mere rationality suffices.

In determining whether this nexus exists, courts assess whether the law or policy in question discriminates based on a quasi-suspect classification in a way that is closely aligned with the government’s important interest. This is usually where many laws fail under intermediate scrutiny—they either lack an important enough governmental objective or are not substantially related to achieving that objective.

IV. Key Philippine Jurisprudence on Intermediate Scrutiny Test

In Philippine law, the Intermediate Scrutiny Test has been less frequently applied than the Rational Basis Test, but it has gained traction in cases concerning gender discrimination and other quasi-suspect classifications. Some relevant cases include:

1. Ang Ladlad LGBT Party v. COMELEC (G.R. No. 190582, April 8, 2010):

   • The Supreme Court applied intermediate scrutiny when dealing with the rights of the LGBTQ+ community. In this case, the Court ruled that COMELEC's disqualification of Ang Ladlad (an LGBT political party) from participating in the party-list elections violated the Equal Protection Clause. The Court found that moral disapproval of a group based on sexual orientation does not constitute a sufficient state interest and that the disqualification was not substantially related to a legitimate governmental objective.

2. Garcia v. Drilon (G.R. No. 179267, June 25, 2013):

   • This case is a prominent example of how the intermediate scrutiny test was used in upholding gender-specific legislation aimed at protecting women from violence. The Court ruled that although the law specifically targeted violence against women, it served the important government interest of addressing gender-based violence, which is more likely to affect women than men. Thus, the classification was substantially related to the achievement of this objective.

V. Conclusion

The Intermediate Scrutiny Test serves as an essential judicial tool in balancing the government's ability to classify individuals for important purposes and the need to protect individuals from unjustifiable discrimination. It requires that laws or government actions that differentiate based on quasi-suspect classifications such as gender or legitimacy be justified by an important governmental interest and must be substantially related to achieving that interest. In the Philippine legal context, this test has been pivotal in addressing issues of gender discrimination, legitimacy, and potentially even sexual orientation, ensuring that the Equal Protection Clause remains robust while allowing for reasonable and necessary government distinctions.