Strict Scrutiny Test under the Equal Protection Clause: A Detailed Overview

I. Introduction to the Equal Protection Clause

The Equal Protection Clause is enshrined in Section 1, Article III (The Bill of Rights) of the 1987 Constitution of the Philippines, which provides 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." The Equal Protection Clause mandates that all individuals similarly situated must be treated alike under the law. However, this does not preclude the government from making classifications, provided they meet constitutional standards.

Classifications made by the government are tested through various levels of judicial scrutiny to ensure compliance with the Equal Protection Clause. These tests are applied to determine whether the government's classifications are justified. The three main standards of judicial review are:

Rational Basis Test
Intermediate Scrutiny
Strict Scrutiny Test

The Strict Scrutiny Test is the most stringent standard applied by courts and is often used when classifications involve fundamental rights or suspect classifications.

II. Overview of the Strict Scrutiny Test

The Strict Scrutiny Test is applied by courts to determine the constitutionality of laws or governmental actions that affect fundamental rights or involve suspect classifications. Under this test, a law or government action will be upheld only if it:

Serves a compelling governmental interest; and
Is narrowly tailored to achieve that interest, meaning it must be the least restrictive means available.

This test places a heavy burden on the government to justify its action, and laws subjected to this test are often struck down unless they are exceptionally well-justified.

III. Application of the Strict Scrutiny Test

A. When is Strict Scrutiny Applied?

Infringement of Fundamental Rights
- The Strict Scrutiny Test is invoked when a law or policy infringes on a fundamental right. Fundamental rights include:
  - Right to life, liberty, and property
  - Freedom of speech, religion, and assembly
  - Right to privacy
  - Right to vote
  - Right to travel
  - Access to courts and legal remedies
Suspect Classifications
- Strict scrutiny is also applied when the government classifies people based on suspect classifications, which are:
  - Race
  - National origin
  - Alienage
  - Religion

These classifications are considered suspect because they often reflect prejudice or discrimination. As such, any law that discriminates on these grounds is inherently suspect and must meet the highest level of judicial review.

B. Elements of the Strict Scrutiny Test

Compelling State Interest
- The government must show that the law or policy serves a compelling state interest. This means the interest must be of the highest order—something crucial for the welfare of society, such as national security, public safety, or the protection of fundamental rights.
Narrowly Tailored Law
- The law must be narrowly tailored to achieve the compelling interest. This means that the law should not be broader than necessary, and there should be no less restrictive means to achieve the same purpose. The law must directly address the issue at hand and should not overreach or affect more individuals than necessary.
Least Restrictive Means
- The least restrictive means requirement emphasizes that there should be no alternative, less burdensome methods for achieving the government’s objective. This ensures that individual rights are not unnecessarily infringed upon in pursuit of a government interest.

IV. The Strict Scrutiny Test in Philippine Jurisprudence

While the strict scrutiny test originated in the United States, the Supreme Court of the Philippines has adopted and applied it in various cases involving equal protection and fundamental rights.

A. In Re: Vicente Lava (1981)

In this case, the Court applied strict scrutiny to test the constitutionality of certain laws related to national security. Although the case was decided before the 1987 Constitution, it laid the groundwork for subsequent application of the test to determine the validity of laws impinging on fundamental freedoms.

B. Ang Ladlad v. COMELEC (2010)

The Strict Scrutiny Test was applied in this landmark case where the Supreme Court of the Philippines struck down the Commission on Elections’ (COMELEC) decision disqualifying the political party Ang Ladlad, representing the LGBTQ+ community. COMELEC based its decision on religious grounds, claiming that Ang Ladlad's platform was immoral. The Court, however, held that the disqualification was discriminatory on the basis of sexual orientation and failed to meet the Strict Scrutiny Test.

The Court determined that:

There was no compelling state interest in denying a marginalized group participation in the party-list system.
The restriction was not narrowly tailored, as it discriminated against individuals based on their sexual orientation without a legitimate government interest.

C. Imbong v. Ochoa (2014) (RH Law Case)

In Imbong v. Ochoa, petitioners questioned the constitutionality of the Reproductive Health Law, particularly certain provisions regarding access to contraceptives and reproductive health services. They argued that the law infringed on the right to life and religious freedom.

The Supreme Court applied the Strict Scrutiny Test to assess whether the law infringed on fundamental rights. While the Court upheld the constitutionality of most of the provisions, it struck down certain parts of the law that were deemed overly broad or intrusive, particularly provisions that did not properly accommodate religious objections.

The Court emphasized that any law affecting fundamental freedoms must:

Serve a compelling interest, which, in this case, was the promotion of public health and welfare.
Be narrowly tailored to avoid unnecessary restrictions on religious freedom.

V. Conclusion: The Importance of the Strict Scrutiny Test

The Strict Scrutiny Test is a vital tool in ensuring that laws affecting fundamental rights or targeting suspect classifications meet the highest standards of constitutional protection. By requiring that the government justify its actions with a compelling interest and by ensuring that laws are narrowly tailored to achieve their goals, the courts can prevent unjustified discrimination and safeguard individual liberties.

In the Philippines, the Strict Scrutiny Test plays a crucial role in maintaining a balance between state interests and the protection of individual rights, reinforcing the principles of equality and freedom enshrined in the Bill of Rights. Through its application, the Supreme Court has continued to uphold the integrity of the Equal Protection Clause, ensuring that any government action that restricts fundamental rights or creates suspect classifications is justified by the most compelling reasons and the least restrictive means available.