1. Only applies to Suspect classifications
(based on reace or alienage) or to Exercises of Fundamental Rights such as: freedom of association, Interstate travel, Privacy, marriage, abortion, Voting, Religion, Expression.
- 2. The state must prove: a Necessary and Compelling State interest (very hard to meet)
- · “necessary to achieve a compelling gov purpose + NO less restrictive means”
- · ct will only consider actual purpose of law
- · *BoP is on gov
- · law is presumptively invalid