Which tests do the courts apply to determine when unequal treatment is legal?

A. Strict scrutiny test, Heightened scrutiny test, and Ordinary scrutiny test
B. Strict scrutiny test and Ordinary scrutiny test
C. Imminent lawless action test and Strict scrutiny test
D. Incitement test and Heightened scrutiny test

Courts determine the legality of unequal treatment using the strict scrutiny test for discrimination based on race, ethnicity, national origin, or religion. The heightened scrutiny test, also known as intermediate scrutiny, applies to gender and sex discrimination, while the ordinary scrutiny test, or rational basis test, applies to most other forms of discrimination. Therefore, option a) Strict scrutiny test, Heightened scrutiny test, and Ordinary scrutiny test is the correct answer.

Explanation:

When it comes to determining the legality of unequal treatment by the courts, several tests may be applied depending on the specifics of the discrimination in question. The correct answer to which tests are applied to determine when unequal treatment is legal is a) Strict scrutiny test, Heightened scrutiny test (also known as intermediate scrutiny), and Ordinary scrutiny test (also known as rational basis test).

For a group of African American students who believe a college admissions test used by a public university discriminates against them, the courts would use the strict scrutiny standard. This is because discrimination based on race, ethnicity, national origin, or religion demands the highest level of scrutiny to ensure there's a compelling governmental interest and that no less discriminatory alternatives are available.