The Supreme Court uses several different tests to determine discrimination and classification. Classification is defined as when a law designates a group of people to be treated differently. Discrimination is defined as the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex. Here are some of the tests:

Suspect Classification and the Strict Scrutiny Test: When the courts review a law that classifiies people by race, ethnic origin, or religion, it is automatically suspected of being unconstitutional. This is called suspect classification. Strict scrutiny test: the courts must be persuaded that there is both a “compelling governmental interest” to justify such a classification