A state statute prohibits same-sex couples from adopting children. A married same-sex couple challenges the statute, asserting that it violates the Fourteenth Amendment by denying them the right to form a family and discriminating on the basis of sexual orientation. Which standard of judicial review should a federal court most likely apply in evaluating the constitutionality of the adoption ban?
Apply intermediate scrutiny and require the state to prove the statute is substantially related to an important governmental objective.
Dismiss the case as presenting a non-justiciable political question outside the scope of judicial review.
Apply rational-basis review and uphold the statute unless it lacks any rational relationship to a legitimate state interest.
Apply strict scrutiny and strike down the statute unless it is narrowly tailored to serve a compelling state interest.
Because the Supreme Court has not recognized adoption as a fundamental right and has not treated sexual orientation as a suspect or quasi-suspect classification, the statute is evaluated under rational-basis review. Under this test, the law will be upheld unless the challengers show it is not rationally related to a legitimate state interest. Strict or intermediate scrutiny would apply only if a fundamental right were burdened or a suspect or quasi-suspect class were involved.
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