What level of judicial scrutiny do laws incorporating classifications based on sexual orientation receive?
Thus far, the United States Supreme Court has applied the lowest level of scrutiny to these sorts of cases. It has used the Lindsley test and demanded only that the use of this sort of classification be reasonable. But state courts have applied a more rigorous standard in reviewing laws challenged as discriminatory against gays and lesbians. For example, the Iowa State Supreme Court used an intermediate standard of review in striking down a state law that banned gay marriage.
