pandafox13

Do you think the LGBT community should receive intermediate scrutiny under equal protection? Do you think they should be considered a quasi suspect or suspect class?

Amen. I'm writing a paper for my upper level writing requirement about how this question should be decided under privacy instead of trying to jam sexuality into the same boxes as race and gender. I'm always interested as to what practicing lawyers think about this issue. In the paper, I'm trying to dismantle the need to show immutability, using Kinsey's studies and arguing that the 4th am. should also cover sexual preferences. I'm curious about what is gonna happen now that Holder has told congress he thinks DOMA is bullshit, the white house is in favor of gay marriage, and all these states are having a blast voting on people's rights (which I think is awful).

Thanks for the reply!!

well, questions like that are exactly why I'm trying to remove it from the standard EQ context... It's a tough subject!

Reading ANY of Scalia's (many) dissents in these cases shows that at least he (and Thomas) think the ...Q community is, in fact, politically powerful and well represented. I'm thinking specifically of the SCOTUS case about Am. 2 in Colorado (which was going to repeal the previous protection the state had given to members of that community by making discrimination of the basis of orientation actionable and illegal). Political impotence is a weird issue... And idk if it should matter in the realm of EP. I think there's a better way to address EP, outside of the traditional '4 I's'. I think simply looking into history and asking whether the class has traditionally been marginalized, persecuted, etc. would be an easier and more realistic way to address EP... but i'm a crazy liberal lol