From Oyez: Tuan Anh Nguyen v. Immigration and Naturalization Service

A look at intermediate scrutiny.

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In a 5-4 opinion delivered by Justice Anthony M. Kennedy, the Court held that Section 1409(a) comports with the constitutional guarantee of equal protection. "For a gender-based classification to withstand equal protection scrutiny, it must be established 'at least that the [challenged] classification serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives,'" wrote Justice Kennedy. Although the law imposes different requirements on unmarried fathers and unmarried mothers, it does so on the basis of the difference between their relationships to the potential citizen at the time of birth and is justified by two important governmental interests.