Which of the following classifications is subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment?
National origin
Sex or gender
Age
Veteran status
Heightened scrutiny is applied to classifications based on sex or gender under Equal Protection analysis. This means the government must show the classification is 'substantially related' to an 'important governmental interest.' Classifications based on veteran status receive rational basis review because they do not fit within the suspect or quasi-suspect categories. Similarly, classifications based on age also do not receive heightened scrutiny and are examined under the rational basis test. National origin receives strict scrutiny, a higher level of review than heightened scrutiny.
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