![]() ![]() The rational basis test is the lowest form of judicial scrutiny. The Article concludes that anti-SOCE statutes provide a propitious opportunity for embracing Justice Stephen Breyer’s proportionality approach rather than one of the three traditional standards of scrutiny. The strict scrutiny standard is one of three employed by the courts in reviewing laws and government policies. ![]() They, in turn, spawn lawsuits necessitating clear guidance from the Supreme Court if lower bodies are to adopt a predictable and consistent methodology. It is corollary to one of three levels of scrutiny accorded by the SCOTUS and other federal. Resolving the scrutiny conundrum is imperative, as new anti-SOCE laws are being adopted nationwide. The Supreme Court then followed that up in May 2019 by dodging an opportunity to review a Ninth Circuit decision that applied mere rational basis review in upholding California’s anti-SOCE statute. With the first requirement of the strict scrutiny test satisfied, the Court now proceeds to determine if the restrictions set forth in the Curfew Ordinances are. Court of Appeals for the Third Circuit that adopted the relatively deferential intermediate scrutiny test to uphold New Jersey’s anti-SOCE law. First, it declined in April 2019 to disturb a decision by the U.S. By contrast, non-suspect classifications are presumptively. And yet, as the Article explains, the Supreme Court refuses to clarify the muddle. Under strict scrutiny, means-end testing involves a kind of public policy second-guessing of the legislative branch by the courts. The article analyzes how lower courts after Becerra that have reviewed anti-SOCE laws disagree on the issue. Becerra casts considerable doubt on whether a level of inquiry less stringent than strict scrutiny applies. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National Institute of Family and Life Advocates v. ![]() This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. ![]()
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