In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination.
In Perry v. Schwarzenegger, the U.S. District Court for the Northern District of California in its Findings of Fact commented that sexual orientation could be considered a suspect class, but on the facts presented Proposition 8 failed even to satisfy the much more deferential rational basis review.
In contrast, because the United States Congress has the power to regulate immigration, federal government action that discriminates based on alienage will receive rational basis scrutiny.
In 2012, the U.S. District Court for Northern California discussed this type of classification, but applied heightened scrutiny without specifically labeling gays and lesbians a suspect or quasi-suspect class in its decision.
[14] Striking down Section 3 of DOMA as unconstitutional in Windsor v. United States (2012), the 2nd Circuit Court of Appeals held sexual orientation to be a quasi-suspect classification, and determined that laws that classify people on such basis should be subject to intermediate scrutiny.
The practical result of this legal doctrine is that government sponsored discrimination on the account of a citizen's race, skin color, ethnicity, religion, or national origin is almost always unconstitutional, unless it is a compelling, narrowly tailored and temporary piece of legislation dealing with national security, defense, or affirmative action.
Connecticut and Iowa classify sexual orientation as a quasi-suspect class under their respective state laws.