http://atheistforums.org/thread-33691-po...#pid991499
6. Protected Class: Finally in regards to your question of a protected class. To be defined as a protected class the:
"Courts consider four rough factors in deciding whether to treat a legislative classification as suspect and presumptively unconstitutional: whether the group has been historically victimized by governmental discrimination; whether it has a defining characteristic that legitimately bears on the classification; whether it exhibits unchanging characteristics that define it as a discrete group; and whether it is politically powerless" (Deboer V. Snyder; http://www.ca6.uscourts.gov/opinions.pdf...75p-06.pdf)
In this regard it was ruled by the 6th Circuit court of appeals that persons of same sex orientations at best only satisfy the governmental discrimination factor. The class does not have a defining characteristic, unchanging characteristic defining them a discrete group, and they are not politically powerless.
http://atheistforums.org/thread-33691-po...#pid992603
3. Protected class: It is funny you should bring up various criminal groups in regards to a protected class. I did the same when I was in law school because the 4 step criterion certainly seems applicable to murders, rapists, addicts, pedos, etcetera. The general answer I got were; first, no one is fighting to protect these classes or willing to hear their request to be a protected class. So they will not become one. Second, these groups of people do not fit the criterion of an unchanging characteristic making the group determinable (I had a very hard time with this answer as it could be argued the suffer from mental deficiency not unlike a mental disability). Third, even if designated a protected class these groups would be subject to strict scrutiny by which the State's compelling interest would override their rights as a class to permit discrimination of them. (Note: A federal right to dignity was not discussed at the time as it was held the law does not confer dignity. However, it may now be possible to say any law singling out a group for given activity is being persecuted and is violation of their substantive right to dignity).
6. Protected Class: Finally in regards to your question of a protected class. To be defined as a protected class the:
"Courts consider four rough factors in deciding whether to treat a legislative classification as suspect and presumptively unconstitutional: whether the group has been historically victimized by governmental discrimination; whether it has a defining characteristic that legitimately bears on the classification; whether it exhibits unchanging characteristics that define it as a discrete group; and whether it is politically powerless" (Deboer V. Snyder; http://www.ca6.uscourts.gov/opinions.pdf...75p-06.pdf)
In this regard it was ruled by the 6th Circuit court of appeals that persons of same sex orientations at best only satisfy the governmental discrimination factor. The class does not have a defining characteristic, unchanging characteristic defining them a discrete group, and they are not politically powerless.
http://atheistforums.org/thread-33691-po...#pid992603
3. Protected class: It is funny you should bring up various criminal groups in regards to a protected class. I did the same when I was in law school because the 4 step criterion certainly seems applicable to murders, rapists, addicts, pedos, etcetera. The general answer I got were; first, no one is fighting to protect these classes or willing to hear their request to be a protected class. So they will not become one. Second, these groups of people do not fit the criterion of an unchanging characteristic making the group determinable (I had a very hard time with this answer as it could be argued the suffer from mental deficiency not unlike a mental disability). Third, even if designated a protected class these groups would be subject to strict scrutiny by which the State's compelling interest would override their rights as a class to permit discrimination of them. (Note: A federal right to dignity was not discussed at the time as it was held the law does not confer dignity. However, it may now be possible to say any law singling out a group for given activity is being persecuted and is violation of their substantive right to dignity).
