ABSTRACT

"Compelling governmental interest" is a term used to defend state action that curtails or limits the exercise of fundamental rights by citizens. The requirement that the state show such a compelling interest in cases involving the Equal Protection Clause is a fairly recent development, but it has become one of the most important standards for the protection of rights under the US Constitution. Laws that limit the exercise of nonpreferred, or nonfundamental, rights are judged on the basis of their reasonableness, subject to only minimal scrutiny by courts. If the law or regulation is "reasonably" related to any "legitimate" government purpose, then the law or regulation is normally presumed by the Supreme Court to be a constitutional exercise of power. Any law that limits the exercise of fundamental rights or freedoms is assumed by the Supreme Court to be unconstitutional until the government can show otherwise by meeting the strict- scrutiny standard.