![]() ![]() Overall, LGBT persons constitute a politically weak, discriminated-against minority that undoubtedly qualifies for the same protection as racial minorities receive and, in the case of Equal Protection, designation as a suspect class. These stereotypes-that gay people are child molesters, or have a so-called agenda composed of “converting” as many people to their sexuality as possible, are unfounded. Research points to the notion that sexuality, like race, is “ not subject to change and most likely determined at birth.” As for homosexuality interfering with the ability to contribute to society, nothing save stereotypes supports that notion. ![]() The factors described above are alone sufficient to qualify LGBT status as a suspect classification, but evidence also suggests that non-heterosexuality satisfies the last criterion as well: it is immutable and does not interfere with an individual’s contribution to society. Further, the constant negative stereotyping of the LGBT community stymie political action in favor of them, as the idea that homosexuals are “inherently bad” throws a wrench in the “give-and-take of the legislative process.” While the discrimination faced by the LGBT community might not be equally as extensive as that faced by racial minorities, it seems widespread enough to call for stronger protections than are currently offered, especially considering the lack of LGBT representation in government. discriminating against gay people and the low LGBT representation in the government point to the group’s lack of political power. They also constitute the necessary discrete and insular minority having weak political power, as “minority” in this context refers to a lack of “ representation and influence of members of the class in the relevant decisionmaking processes.” The plethora of laws passed in the U.S. They have dealt with homophobia, violent hate crimes, and the spread of untrue, injurious stereotypes. LGBT persons have unambiguously been on the receiving end of stigmatization and discrimination throughout the history of the United States. This notion is supported by evidence and logic as well, as homosexuality meets all three requirements for a suspect class: LGBT persons are stigmatized and form a discrete and insular minority, and homosexuality is immutable. Texas provides an example of this standard of review, which has been called “ rational basis with a bite.” The Court’s move away from basic rational basis review for laws targeting homosexuality lends credence to the idea that homosexuality should be considered a suspect class along with race. However, laws discriminating against LGBT persons have often been subjected to a standard of review that seems to lie between rational basis and intermediate scrutiny. As of yet, the Supreme Court has not definitively named homosexuality as a suspect or even quasi-suspect classification. Where courts think that sexuality fits into these tiers is not clear. However, both the immutability aspect and the lack of political power are “ not dispositive if other factors for heightened scrutiny exist.” The courts have determined that a suspect class must, like race, be 1) on the receiving end of “ social stigmatization and/or historical discrimination ” 2) united by “ an immutable characteristic” that can neither be controlled nor affects “a person’s ability to contribute to society ” and 3) a “ discrete and insular minority” which wields little to no political power. Laws affecting a class not included in either tier are subjected to rational basis review, solely requiring that the law in question “ bears a rational relation to some legitimate end.” Quasi-suspect classes-such as gender-form the next tier. When a law targets certain types of people (so-called “ suspect classes”), a court must review it with strict scrutiny. The Supreme Court has devised tiers of scrutiny to assess laws that discriminate between different groups of people. In my view, sexuality deserves the same legal protections that race receives, specifically in the areas of suspect class categorization under the Equal Protection Clause and sex discrimination under Titles VI and IX. I propose that sexuality and sexual orientation discrimination should be viewed as akin to race and racial discrimination. The debate over what protections, if any, the Constitution and statutory law afford LGBT persons has carried on through the legal system for decades. Colorado Civil Rights Commission, sexuality has of late been a hot-button issue for the Supreme Court. ![]() With the relatively recent decisions in Obergefell v.
0 Comments
Leave a Reply. |