Clark v. Jeter, 486 U.S. 456 (1988). · Go Syfert
Clark v. Jeter, 486 U.S. 456 (1988). Cases Citing This Book View Copy Cite
2,262 citation events (1,257 in the last 25 years) across 143 distinct courts.
Strongest positive: Johnson v. Hillquist (flsd, 2025-01-23)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Traywick (2×) also: Cited as authority (rule)
M.D. Ala. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in considering whether state legislation violates the equal protection clause . . . we apply different levels of scrutiny to different types of classifications.
discussed Cited as authority (verbatim quote) Johnson v. Hillquist
S.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
e hold that pro se plaintiffs do not constitute a class for whose members 1985(3) provides a remedy.
examined Cited as authority (verbatim quote) Arie Friedman v. City of Highland Park (4×) also: Cited as authority (quoted)
7th Cir. · 2015 · signal: see · quote attribution · 4 verbatim quotes · confidence high
classifications affecting fundamental rights are given the most exacting scrutiny
examined Cited as authority (verbatim quote) Napleton v. Village of Hinsdale (3×) also: Cited as authority (quoted)
Ill. App. Ct. · 2007 · quote attribution · 3 verbatim quotes · confidence high
o withstand intermediate scrutiny, a statutory classification must be substantially related to an important governmental objective
examined Cited as authority (verbatim quote) Napleton v. Village of Hinsdale (3×) also: Cited as authority (quoted)
Ill. App. Ct. · 2007 · quote attribution · 3 verbatim quotes · confidence high
o withstand intermediate scrutiny, a statutory classification must be substantially related to an important governmental objective
examined Cited as authority (verbatim quote) Santa Marie v. McGreevey (2×) also: Cited as authority (rule)
3rd Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
between these extremes of rational basis review and strict scrutiny lies a level of intermediate scrutiny, which generally has been applied to discriminatory classifications based on sex or illegitimacy.
discussed Cited as authority (verbatim quote) Patriot Party Alghny v. Alghny Cty Dept
3rd Cir. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
classifications based on race or national origin and classifications affecting fundamental rights are given the most exacting scrutiny.
examined Cited as authority (verbatim quote) Crego v. Coleman (3×) also: Cited "see"
Mich. Ct. App. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
increasingly sophisticated tests for genetic markers permit the exclusion of over 99 of those who might be accused of paternity
examined Cited as authority (quoted) Country Mill Farms, LLC v. City of East Lansing (3×)
W.D. Mich. · 2017 · quote attribution · 3 verbatim quotes · confidence low
classifications based on race or national origin, and classifications affecting fundamental rights, are given the most exacting scrutiny.
examined Cited as authority (quoted) In Re the Estate of Flaws (2×)
S.D. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
to withstand intermediate scrutiny, a statutory classification must be substantially related to an important governmental objective.
examined Cited as authority (quoted) Browne v. City of Grand Junction (4×) also: Cited "see, e.g."
D. Colo. · 2015 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
in considering whether state legislation violates the equal protection clause of the fourteenth amendment, we apply different levels of scrutiny to different types of classifications.
examined Cited as authority (quoted) Ex Parte Erg (6×)
Ala. · 2011 · quote attribution · 6 verbatim quotes · confidence low
lassifications affecting fundamental rights ... are given the most exacting scrutiny.
examined Cited as authority (quoted) E.H.G. v. E.R.G. (6×)
Ala. · 2011 · quote attribution · 6 verbatim quotes · confidence low
lassifications affecting fundamental rights ... are given the most exacting scrutiny.
examined Cited as authority (quoted) Johnson v. Whitehead (10×) also: Cited "see"
4th Cir. · 2011 · signal: see · quote attribution · 6 verbatim quotes · confidence high
ijntermediate scrutiny ... has been applied to discriminatory classifications based on sex or illegitimacy.
examined Cited as authority (quoted) Nordyke v. King (3×)
9th Cir. · 2011 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
classifications affecting fundamental rights ... are given the most exacting scrutiny.
examined Cited as authority (quoted) Nordyke v. King (3×)
9th Cir. · 2011 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence low
lassifications affecting fundamental rights . . . are given the most exacting scrutiny.
examined Cited as authority (quoted) Finstuen v. Edmondson (3×)
W.D. Okla. · 2006 · quote attribution · 3 verbatim quotes · confidence low
between these 1309 extremes of rational basis review and strict scrutiny lies a level of intermediate scrutiny, which generally has been applied to discriminatory classifications based on sex or illegitimacy.
examined Cited as authority (quoted) National Abortion Federation v. Ashcroft (3×)
S.D.N.Y. · 2004 · quote attribution · 3 verbatim quotes · confidence low
cjlassifications affecting fundamental rights ... are given the most exacting scrutiny.
examined Cited as authority (quoted) XXL of Ohio, Inc. v. City of Broadview Heights (3×)
N.D. Ohio · 2004 · quote attribution · 3 verbatim quotes · confidence low
classifications affecting fundamental rights are given the most exacting scrutiny.
examined Cited as authority (quoted) Allen v. Leis (3×)
S.D. Ohio · 2001 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
classifications based on race or national origin and classifications affecting fundamental rights are given the most exacting scrutiny.
examined Cited as authority (quoted) Lac Vieux Desert Band of Lake Superior Chippewa Indians v. Michigan Gaming Control Board (3×)
6th Cir. · 1999 · signal: see · quote attribution · 3 verbatim quotes · confidence high
classifications based on race or national origin and classifications affecting fundamental rights are given the most exacting scrutiny.
examined Cited as authority (quoted) Lac Vieux Desert Band Of Lake Superior Chippewa Indians v. Michigan Gaming Control Board (3×)
6th Cir. · 1999 · signal: see · quote attribution · 3 verbatim quotes · confidence high
classifications based on race or national origin and classifications affecting fundamental rights are given the most exacting scrutiny.
examined Cited as authority (quoted) Reform Party of Allegheny County v. Allegheny County Department of Elections Mark Wolosik, Director of the Allegheny County Department of Elections (6×)
3rd Cir. · 1999 · signal: see · quote attribution · 6 verbatim quotes · confidence high
classifications based on race or national origin and classifications affecting fundamental rights are given the most exacting scrutiny.
examined Cited as authority (quoted) Edmonds v. Murphy (3×)
Md. Ct. Spec. App. · 1990 · signal: see · quote attribution · 3 verbatim quotes · confidence high
to withstand intermediate scrutiny, a statutory classification must be substantially related to an important governmental objective.
examined Cited as authority (quoted) Richard P. Christy Thomas B. Guthrie Ira Perkins v. Donald P. Hodel, Secretary of the Interior United States Department of Interior (2×)
9th Cir. · 1988 · signal: see · quote attribution · 2 verbatim quotes · confidence high
classifications based on race or national origin, and classifications affecting fundamental rights, are given the most exacting scrutiny.
cited Cited as authority (rule) Metoyer v. Washtenaw County Road Commission
E.D. Mich. · 2025 · confidence medium
When reviewing state action challenged under the Equal Protection Clause, courts “apply different levels of scrutiny to different types of classifications.” Clark v. Jeter, 486 U.S. 456, 461 (1988).
cited Cited as authority (rule) Poe v. Drummond
10th Cir. · 2025 · confidence medium
Statutory classifications must be “rationally related to a legitimate governmental purpose.” Clark v. Jeter, 486 U.S. 456, 461 (1988) (citing San Antonio Indep.
discussed Cited as authority (rule) Christiana Care Health Services, Inc. v. John Carney
Del. Ch. · 2025 · confidence medium
It seems to reverse course in its answering brief by suggesting that strict scrutiny is the applicable legal standard because “the Act’s disparate treatment affects fundamental rights, such as free speech.” Pls.’ Answering Br. 48 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988)).
discussed Cited as authority (rule) FOULKE v. TOWNSHIP OF CHERRY HILL
D.N.J. · 2025 · confidence medium
Thus, laws that distinguish between persons based on “suspect classifications,” such as race and national origin, or fundamental rights, such as the right to travel, marry, and vote, are subjected to “the most exacting scrutiny.” Clark v. Jeter, 486 U.S. 456, 461 (1988) (collecting cases).
discussed Cited as authority (rule) Griffith v. El Paso County, Colorado
10th Cir. · 2025 · confidence medium
“At a minimum,” the Equal Protection Clause requires that any government classification or differentiation between classes of people “must be rationally related to a legitimate governmental purpose.” Clark v. Jeter, 486 U.S. 456, 461 (1988).
discussed Cited as authority (rule) Tim Randolph Daniels v. Executive Director of the Florida Fish and Wildlife Conservation Commision
11th Cir. · 2025 · confidence medium
Accordingly, “[a]ll statutory clas- sifications must, at a minimum, satisfy rational basis review.” Eknes-Tucker v. Governor of Ala., 80 F.4th 1205, 1226 (11th Cir. 2023) (citing Clark v. Jeter, 486 U.S. 456, 461 , 108 S. Ct. 1910, 1914 (1988)).
discussed Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
Laws that discrimi- nate based on sex, United States v. Virginia, 518 U.S. 515 , 532– No. 23-2366 13 33 (1996), and the marital status of a person’s parents at the time of his birth, Clark v. Jeter, 486 U.S. 456, 461 (1988), receive intermediate scrutiny.
discussed Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
Laws that discrimi- nate based on sex, United States v. Virginia, 518 U.S. 515 , 532– No. 23-2366 13 33 (1996), and the marital status of a person’s parents at the time of his birth, Clark v. Jeter, 486 U.S. 456, 461 (1988), receive intermediate scrutiny.
discussed Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
Laws that discrimi- nate based on sex, United States v. Virginia, 518 U.S. 515 , 532– No. 23-2366 13 33 (1996), and the marital status of a person’s parents at the time of his birth, Clark v. Jeter, 486 U.S. 456, 461 (1988), receive intermediate scrutiny.
discussed Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
Laws that discrimi- nate based on sex, United States v. Virginia, 518 U.S. 515 , 532– No. 23-2366 13 33 (1996), and the marital status of a person’s parents at the time of his birth, Clark v. Jeter, 486 U.S. 456, 461 (1988), receive intermediate scrutiny.
discussed Cited as authority (rule) GOVATOS v. MURPHY
D.N.J. · 2024 · confidence medium
When considering whether state legislation violates the Equal Protection Clause, the key threshold issue is the level of scrutiny to apply, Tolchin v. Supreme Ct. of N.J., 111 F.3d 1099 , 1113 (3d Cir. 1997), which depends on the nature of the classification at issue, Clark v. Jeter, 486 U.S. 456, 461 (1988).
examined Cited as authority (rule) Paul Eknes-Tucker v. Governor of the State of Alabama (3×) also: Cited "see"
11th Cir. · 2024 · confidence medium
To evaluate whether a law violates the Equal Protection Clause, “we apply different levels of scrutiny to different types of classifications.” Clark v. Jeter, 486 U.S. 456, 461 (1988).
cited Cited as authority (rule) Ex Parte Alejandro Rivera Saavedra v. the State of Texas
Tex. App. · 2024 · confidence medium
Clark v. Jeter, 486 U.S. 456, 461 (1988); Ex parte Aparicio, 672 S.W.3d at 708.
discussed Cited as authority (rule) Ex Parte Alejandro Rivera Saavedra v. the State of Texas
Tex. App. · 2024 · confidence medium
As the Fourth Court pointed out, Aparicio’s federal equal protection claim was subject to intermediate scrutiny, requiring the State to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988); Casarez v. State, 913 S.W.2d 468, 493 (Tex. Crim.
discussed Cited as authority (rule) Gillett v. Cuyahoga Cty.
Ohio Ct. App. · 2024 · confidence medium
I, § 2 of the Ohio Constitution “provide individuals with equal protection under the laws and apply the same analysis to determine whether a statutory classification violated the equal protection clauses.” State v. Jones, 2022-Ohio-1169, ¶ 40 (8th Dist.), citing State v. Aalim, 2017-Ohio-2956, ¶ 29-30 . {¶9} “‘In considering whether state legislation violates the Equal Protection Clause of the Fourteenth Amendment . . . [courts] apply different levels of scrutiny to different types of classifications.’” Aalim at ¶ 30, quoting Clark v. Jeter, 486 U.S. 456, 461 (1988).
discussed Cited as authority (rule) Kayla Gore v. William Lee
6th Cir. · 2024 · confidence medium
To survive judicial review under what is now known as “intermediate scrutiny,” Clark v. Jeter, 486 U.S. 456, 461 (1988), the government “carr[ies] the burden of showing an ‘exceedingly persuasive justification’ for [any] classification” based on sex.
cited Cited as authority (rule) Doe v. Rocky Mountain Classical Academy
10th Cir. · 2024 · confidence medium
In considering whether a state actor violates the Equal Protection Clause, courts “apply different levels of scrutiny to different types of classifications.” Clark v. Jeter, 486 U.S. 456, 461 (1988).
discussed Cited as authority (rule) Democratic Party v. Jacobsen (2×)
Mont. · 2024 · confidence medium
See Butte Community, 219 Mont. at 434 , 712 P.2d at 1313-14 (requiring that subject legislative discrimination be “reasonable” and “more important than” the non-fundamental Montana constitutional right at issue); compare Butte Community, 219 Mont. at 431-33 , 712 P.2d at 1312-13 (noting limited application of general standard of intermediate scrutiny—subject legislative discrimination must be “substantially related to an important government interest”—applicable to Fourteenth Amendment equal protection claims not subject to strict scrutiny and variants of that standard applied …
discussed Cited as authority (rule) Ex Parte Fernando Alvarez Barragan v. the State of Texas
Tex. App. · 2024 · confidence medium
As the Fourth Court pointed out, Aparicio’s federal equal protection claim was subject to intermediate scrutiny; namely, the State had to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988)); Casarez v. State, 913 S.W.2d 468, 493 (Tex. Crim.
discussed Cited as authority (rule) Ex Parte: Miguel Angel Melo Sanchez v. the State of Texas
Tex. App. · 2024 · confidence medium
Aparicio’s federal equal protection claim was subject to intermediate scrutiny; namely, the State had to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988); Casarez v. State, 913 S.W.2d 468, 493 (Tex. Crim.
discussed Cited as authority (rule) Ex Parte: Wilmer Ramos Morales v. the State of Texas
Tex. App. · 2023 · confidence medium
Aparicio’s federal equal protection claim was subject to intermediate scrutiny; namely, the State had to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 2 In particular, the trial court heard evidence that “as part of OLS, 4,076 people had been arrested for misdemeanor offenses and not a single individual arrested was a woman.” Ex parte Aparicio, 672 S.W.3d 696 , 714 (Tex. App.— San Antonio 2023, pet. granted). 3 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988); Casarez v. State, 913 S.W.2d 468, 493 (Te…
discussed Cited as authority (rule) Brooks v. State College Area School District
M.D. Penn. · 2023 · confidence medium
Doc. 46-1 at 92-94. the laws.”167 Under the Equal Protection Clause, sex-based classifications are inherently suspect and trigger intermediate scrutiny, meaning that the classification must be “substantially related to an important governmental objective.”168 “Sex discrimination at school . . . violates Equal Protection.”169 A plaintiff alleging sex discrimination in violation of the Equal Protection Clause must plead “(1) disparate treatment in relation to other similarly situated individuals, and (2) that the discriminatory treatment was based on sex.”170 There is some judicial…
discussed Cited as authority (rule) Ex Parte: David Cayetano Vazquez v. the State of Texas
Tex. App. · 2023 · confidence medium
Aparicio’s federal equal protection claim was subject to intermediate scrutiny; namely, the State had to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988); Casarez v. State, 913 S.W.2d 468, 493 (Tex. Crim.
discussed Cited as authority (rule) Ex Parte: Hector Recendis-Martinez v. the State of Texas
Tex. App. · 2023 · confidence medium
Aparicio’s federal equal protection claim was subject to intermediate scrutiny; namely, the State had to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988); Casarez v. State, 913 S.W.2d 468, 493 (Tex. Crim.
discussed Cited as authority (rule) Ex Parte: Eduardo Frias-Gutierrez v. the State of Texas
Tex. App. · 2023 · confidence medium
Aparicio’s federal equal protection claim was subject to intermediate scrutiny; namely, the State had to demonstrate that its “discriminatory classification is substantially related to an important governmental interest.” Id. at 708 (citing Clark v. Jeter, 486 U.S. 456, 461 (1988); Casarez v. State, 913 S.W.2d 468, 493 (Tex. Crim.
Clark
v.
Jeter
87-5565.
Supreme Court of the United States.
Jun 6, 1988.
486 U.S. 456
Evalynn B. Welling argued the cause for petitioner. With her on the brief was Eileen D. Yacknin., Craig McClean argued the cause for respondent. With him on the brief was Wendell G. Freeland. *
O'Connor.
Cited by 678 opinions  |  Published
14 passages pin-cited by 20 cases
Pinpoint authority: #4,766 of 633,719
Citer courts: Supreme Court of Alabama (12) · Ninth Circuit (8) · Third Circuit (6) · Fourth Circuit (6) · Sixth Circuit (6) · Appellate Court of Illinois (4) · Seventh Circuit (3)
Justice O’Connor

delivered the opinion of the Court.

Under Pennsylvania law, an illegitimate child must prove paternity before seeking support from his or her father, and a suit to establish paternity ordinarily must be brought within six years of an illegitimate child’s birth. By contrast, a legitimate child may seek support from his or her parents at any time. We granted certiorari to consider the constitutionality of this legislative scheme.

I

On September 22, 1983, petitioner Cherlyn Clark filed a support complaint in the Allegheny County Court of Common Pleas on behalf of her minor daughter, Tiffany, who was born out of wedlock on June 11, 1973. Clark named respondent[*458] Gene Jeter as Tiffany’s father. The court ordered blood tests, which showed a 99.3% probability that Jeter is Tiffany’s father.

Jeter moved to dismiss the complaint on the ground that it was barred by the 6-year statute of limitations for paternity actions. * In her response, Clark contended that this statute is unconstitutional under the Equal Protection and Due Process Clauses of the Fourteenth Amendment. In the alternative, she argued that the statute was tolled by fraudulent and misleading actions of the welfare department, or by threats and assaults by Jeter.

The trial court upheld the statute of limitations on the authority of Astemborski v. Susmarski, 499 Pa. 99, 451 A. 2d 1012 (1982), vacated, 462 U. S. 1127 (1983), reinstated on remand, 502 Pa. 409, 466 A. 2d 1018 (1983). The Pennsylvania Supreme Court there had considered and rejected constitutional challenges similar to Clark’s. The trial court also rejected Clark’s argument that the statute should be tolled, specifically finding that any fear that Clark may have had of Jeter had subsided more than six years before she filed her support complaint. Therefore, the trial court entered judgment for Jeter.

Clark appealed to the Superior Court of Pennsylvania, again raising her constitutional challenges to the 6-year statute of limitations. Before the court decided her case, the[*459] Pennsylvania Legislature enacted an 18-year statute of limitations for actions to establish paternity. . Act of Oct. 30, 1985, No. 66, § 1, subch. C, 1985 Pa. Laws 270, codified at 23 Pa. Cons. Stat. § 4343(b) (1985). Pennsylvania thereby brought its law into compliance with a provision of the federal Child Support Enforcement Amendments of 1984 that requires all States participating in the federal child support program to have procedures to establish the paternity of any child who is less than 18 years old. 98 Stat. 1307, 42 U. S. C. §666(a)(5) (1982 ed., Supp. IV). The Superior Court concluded, however, that Pennsylvania’s new 18-year statute of limitations did not apply retroactively, and that it would not revive Clark’s cause of action in any event. 358 Pa. Super. 550, 518 A. 2d 276 (1986). It affirmed the trial court’s conclusions that the 6-year statute of limitations was constitutional, and that Clark’s tolling argument was without merit. Thereafter, the Superior Court denied Clark’s motion for reargument. The Pennsylvania Supreme Court denied her petition for allowance of appeal. We granted Clark’s petition for certiorari. 484 U. S. 1003 (1988).

HH

Clark s first argument to this Court is that Pennsylvania’s 6-year statute of limitations is invalid because it conflicts with the federal Child Support Enforcement Amendments of 1984, which she says require States to adopt retroactive 18-year statutes of limitations in paternity cases. See 42 U. S. C. § 666(a)(5) (1982 ed., Supp. IV). Because this argument raises an issue of statutory interpretation, we ordinarily would address it before reaching the constitutional claims. Blum v. Bacon, 457 U. S. 132, 137 (1982); see Townsend v. Swank, 404 U. S. 282, 285, 291 (1971). Having reviewed the record, however, we find that Clark did not adequately present a federal pre-emption argument to the lower courts. It is our practice, when reviewing decisions by state courts, not to decide federal claims that were not[*460] “pressed or passed upon” below. Bankers Life & Casualty Co. v. Crenshaw, 486 U. S. 71, 79-80 (1988).

The Pennsylvania Legislature passed the 18-year statute of limitations on October 30, 1985. At that time, Clark already had filed her brief on appeal to the Superior Court. Clark immediately suggested a remand to determine the retroactivity of the new Pennsylvania statute. But the Superior Court instead itself decided that the 6-year statute of limitations would continue to apply to cases like Clark’s. The court reasoned that, under Pennsylvania law, a statute is retroactive only if the legislature clearly and manifestly so intends, and it found insufficient evidence of such an intent. The decision did not address the relevance of the federal Child Support Enforcement Amendments to the continuing validity of the 6-year statute of limitations. 858 Pa. Super., at 553-555, 518 A. 2d, at 278.

In her application for reargument in the Superior Court and in her petition for appeal to the Pennsylvania Supreme Court, Clark argued that the Superior Court had overlooked Pennsylvania cases which had applied similar statutes of limitations retroactively, as well as indications that the federal Child Support Enforcement Amendments required States to adopt retroactive 18-year statutes of limitations or their equivalent. See 42 U. S. C. § 666(a)(5) (1982 ed., Supp. III); 50 Fed. Reg. 19608, 19631 (1985). But Clark did not expressly assert that the 6-year statute of limitations was preempted by the new federal law. We interpret Clark’s argument to be that the Pennsylvania Legislature intended to comply with the new conditions on the federal spending program, which arguably showed that it clearly and manifestly intended its new statute to be retroactive. This question of how to interpret the Pennsylvania statute ultimately is a matter of state law. We find that Clark’s argument below was not adequate to raise a federal pre-emption claim. Accordingly, we do not address it here and proceed to her equal protection claim.

[*461] In considering whether state legislation violates the Equal Protection Clause of the Fourteenth Amendment, U. S. Const., Arndt. 14, § 1, we apply different levels of scrutiny to different types of classifications. At a minimum, a statutory classification must be rationally related to a legitimate governmental purpose. San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1, 17 (1973); cf. Lyng v. Automobile Workers, 485 U. S. 360, 370 (1988). Classifications based on race or national origin, e. g., Loving v. Virginia, 388 U. S. 1, 11 (1967), and classifications affecting fundamental rights, e. g., Harper v. Virginia Bd. of Elections, 383 U. S. 663, 672 (1966), are given the most exacting scrutiny. Between these extremes of rational basis review and strict scrutiny lies a level of intermediate scrutiny, which generally has been applied to discriminatory classifications based on sex or illegitimacy. See, e. g., Mississippi University for Women v. Hogan, 458 U. S. 718, 723-724, and n. 9 (1982); Mills v. Habluetzel, 456 U. S. 91, 99 (1982); Craig v. Boren, 429 U. S. 190, 197 (1976); Mathews v. Lucas, 427 U. S. 495, 505-506 (1976).

To withstand intermediate scrutiny, a statutory classification must be substantially related to an important governmental objective. Consequently we have invalidated classifications that burden illegitimate children for the sake of punishing the illicit relations of their parents, because “visiting this condemnation on the head of an infant is illogical and unjust.” Weber v. Aetna Casualty & Surety Co., 406 U. S. 164, 175 (1972). Yet, in the seminal case concerning the child’s right to support, this Court acknowledged that it might be appropriate to treat illegitimate children differently in the support context because of “lurking problems with respect to proof of paternity.” Gomez v. Perez, 409 U. S. 535, 538 (1973).

This Court has developed a particular framework for evaluating equal protection challenges to statutes of limitations[*462] that apply to suits to establish paternity, and thereby limit the ability of illegitimate children to obtain support.

“First, the period for obtaining support . . . must be sufficiently long in duration to present a reasonable opportunity for those with an interest in such children to assert claims on their behalf. Second, any time limitation placed on that opportunity must be substantially related to the State’s interest in avoiding the litigation of stale or fraudulent claims.” Mills v. Habluetzel, 456 U. S., at 99-100.

In Mills, we held that Texas’ 1-year statute of limitations failed both steps of the analysis. We explained that paternity suits typically will be brought by the child’s mother, who might not act swiftly amidst the emotional and financial complications of the child’s first year. And, it is unlikely that the lapse of a mere 12 months will result in the loss of evidence or appreciably increase the likelihood of fraudulent claims. Id., at 100-101. A concurring opinion in Mills explained why statutes of limitations longer than one year also may be unconstitutional. Id., at 102-106 (O’Connor, J., joined by Burger, C. J., and Brennan and Blackmun, JJ., and joined as to Part I by Powell, J., concurring). First, the State has a countervailing interest in ensuring that genuine claims for child support are satisfied. Second, the fact that Texas tolled most other causes of action during a child’s minority suggested that proof problems do not become overwhelming during this period. Finally, the practical obstacles to filing a claim for support are likely to continue after the first year of the child’s life.

In Pickett v. Brown, 462 U. S. 1 (1983), the Court unanimously struck down Tennessee’s 2-year statute of limitations for paternity and child support actions brought on behalf of certain illegitimate children. Adhering to the analysis developed in Mills, the Court first considered whether two years afforded a reasonable opportunity to bring such suits. The Tennessee statute was relatively more generous than the[*463] Texas statute considered in Mills because it did not limit actions against a father who had acknowledged his paternity in writing or by furnishing support; nor did it apply if the child was likely to become a public charge. Nevertheless, the Court concluded that the 2-year period was too short in light of the persisting financial and emotional problems that are likely to afflict the child’s mother. Proceeding to the second step of the analysis, the Court decided that the 2-year statute of limitations was not substantially related to Tennessee’s asserted interest in preventing stale and fraudulent claims. The period during which suit could be brought was only a year longer than the period considered in Mills, and this incremental difference would not create substantially greater proof and fraud problems. Furthermore, Tennessee tolled most other actions during a child’s minority, and even permitted a support action to be brought on behalf of a child up to 18 years of age if the child was or was likely to become a public charge. Finally, scientific advances in blood testing had alleviated some problems of proof in paternity actions. For these reasons, the Tennessee statute failed to survive heightened scrutiny under the Equal Protection Clause.

In light of this authority, we conclude that Pennsylvania’s 6-year statute of limitations violates the Equal Protection Clause. Even six years does not necessarily provide a reasonable opportunity to assert a claim on behalf of an illegitimate child. “The unwillingness of the mother to file a paternity action on behalf of her child, which could stem from her relationship with the natural father or . . . from the emotional strain of having an illegitimate child, or even from the desire to avoid community and family disapproval, may continue years after the child is born. The problem may be exacerbated if, as often happens, the mother herself is a minor.” Mills, supra, at 105, n. 4 (O’Connor, J., concurring). Not all of these difficulties are likely to abate in six years. A mother might realize only belatedly “a loss of income attributable to the need to care for the child,” Pickett, [*464] supra, at 12. Furthermore, financial difficulties are likely to increase as the child matures and incurs expenses for clothing, school, and medical care. See, e. g., Moore v. McNamara, 40 Conn. Supp. 6, 11, 12, 478 A. 2d 634, 637 (1984) (invalidating a 3-year statute of limitations). Thus it is questionable whether a State acts reasonably when it requires most paternity and support actions to be brought within six years of an illegitimate child’s birth.

We do not rest our decision on this ground,, however, for it is not entirely evident that six years would necessarily be an unreasonable limitations period for child support actions involving illegitimate children. We are, however, confident that the 6-year statute of limitations is not substantially related to Pennsylvania’s interest in avoiding the litigation of stale or fraudulent claims. In a number of circumstances, Pennsylvania permits the issue of paternity to be litigated more than six years after the birth of an illegitimate child. The statute itself permits a suit to be brought more than six years after the child’s birth if it is brought within two years of a support payment made by the father. And in other types of suits, Pennsylvania places no limits on when the issue of paternity may be litigated. For example, the intestacy statute, 20 Pa. Cons. Stat. §2107(3) (1982), permits a child born out of wedlock to establish paternity as long as “there is clear and convincing evidence that the man was the father of the child.” Likewise, no statute of limitations applies to a father’s action to establish paternity. In re Mengel, 287 Pa. Super. 186, 429 A. 2d 1162 (1981). Recently, the Pennsylvania Legislature enacted a statute that tolls most other civil actions during a child’s minority. 42 Pa. Cons. Stat. § 5533(b) (Supp. 1987). In Pickett and Mills, similar tolling statutes cast doubt on the State’s purported interest in avoiding the litigation of stale or fraudulent claims. 462 U. S., at 15-16; 456 U. S., at 104-105 (O’Connor, J., concurring); id., at 106 (Powell, J., concurring in judgment). Pennsylvania’s tolling statute has the same implications here.

[*465] A more recent indication that Pennsylvania does not consider proof problems insurmountable is the enactment by the Pennsylvania Legislature in 1985 of an 18-year statute of limitations for paternity and support actions. 23 Pa. Cons. Stat. § 4343(b) (1985). To be sure the legislature did not act spontaneously, but rather under the threat of losing some federal funds. Nevertheless, the new statute is a tacit concession that proof problems are not overwhelming. The legislative history of the federal Child Support Enforcement Amendments explains why Congress thought such statutes of limitations are reasonable. Congress adverted to the problem of stale and fraudulent claims, but recognized that increasingly sophisticated tests for genetic markers permit the exclusion of over 99% of those who might be accused of paternity, regardless of the age of the child. H. R. Rep. No. 98-527, p. 38 (1983). This scientific evidence is available throughout the child’s minority, and it is an additional reason to doubt that Pennsylvania had a substantial reason for limiting the time within which paternity and support actions could be brought.

We conclude that the Pennsylvania statute does not withstand heightened scrutiny under the Equal Protection Clause. We therefore find it unnecessary to reach Clark’s due process claim. The judgment of the Superior Court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

*

Although Jeter’s motion referred to § 6704(e),' that section had been altered slightly and relabeled as § 6704(b) at the time of the litigation below. See Act of Dec. 20, 1982, No. 326, Art. II, § 201, 1982 Pa. Laws 1409. As amended, the section provided:

“All actions or proceedings to establish the paternity of a child born out of wedlock brought under this section must be commenced within six years of the birth of the child, except where the reputed father shall have voluntarily contributed to the support of the child or shall have acknowledged in writing his paternity, in which case an action or proceeding may be commenced at any time within two years of any such contribution or acknowl-edgement by the reputed father.” 42 Pa. Cons. Stat. § 6704(b) (1982) (repealed 1985).