relevant to contribution to and encourages gays to society. become parents Lack of adequate political YES TO BOTH. A true YES lack of adequate power (true minority minority because gays can’t political power status—not the SC’s get a majority passage analysis though) (must enlist help from those outside the group). Lack political power because a history of discrimination with the need for ADL laws to protect (compare to women), lack of gay people in politics (whereas Women and Blacks have a lot), and gays are diffuse and anonymous which makes it hard for them to organize and gain political power Immutability (?) MAYBE, says it isn’t KIND OF, individuals do not necessary to decide generally choose their because sexual orientation sexual orientation, and the is so integral to a person’s state has no interest in identity (Lawrence) that asking gays to change their you can’t require someone orientation anyway to change it nor penalize someone for refusing to change it Suspect (because can Suspect—Strict Scrutiny only be suspect if already (but also applies named in the Conn. RB to cover all his bases) Scrutiny
relevant to contribution to society. and encourages gays to become parents Lack of adequate political power (true minority status—not the SC’s analysis though) YES TO BOTH. A true minority because gays can’t get a majority passage (must enlist help from those outside the group). Lack political power because a history of discrimination with the need for ADL laws to protect (compare to women), lack of gay people in politics (whereas Women and Blacks have a lot), and gays are diffuse and anonymous which makes it hard for them to organize and gain political power YES lack of adequate political power Immutability (?) MAYBE, says it isn’t necessary to decide because sexual orientation is so integral to a person’s identity (Lawrence) that you can’t require someone to change it nor penalize someone for refusing to change it KIND OF, individuals do not generally choose their sexual orientation, and the state has no interest in asking gays to change their orientation anyway Suspect (because can only be suspect if already named in the Conn. Scrutiny Suspect—Strict Scrutiny (but also applies RB to cover all his bases)