Law in Contemporary Society

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MarcLegrandFirstPaper 5 - 29 Apr 2012 - Main.MarcLegrand
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 So seldom relevant to the achievement of any legitimate state interest that laws grounded in such considerations are deemed to reflect prejudice and antipathy.
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<		This is another standard used to define a suspect class, but I put it here because it’s the heart of the issue. When is sexual orientation relevant to a legitimate state interest? The only practical difference between heterosexuals and others relates to procreation and carries significant caveats.(1) This seems to implicate few, if any, legitimate state interests. State power shouldn’t be wielded at the moral whim of the majority to discriminate against disapproved groups.

Notes

1 : Not all heterosexuals can procreate, and not all that can do. Most non-heterosexuals could, if they chose to. Both can raise adopted children.

>
>		This is another standard used to define a suspect class, but I put it here because it’s the heart of the issue. When is sexual orientation relevant to a legitimate state interest? The only practical difference between heterosexuals and others relates to procreation and carries significant caveats.(2) While it's possible that circumstances beyond my imagination may justify state discrimination, the difference in situation seems to implicate few, if any, legitimate state interests. State power shouldn’t be wielded at the moral whim of the majority to discriminate against disapproved groups.
 I see no principled reason to deny sexual orientation quasi-suspect status, but I'm unsure how important the distinction is. I find it hard to imagine any standard but the most toothless rationality review that would uphold government discrimination based on orientation.

Revision 5r5 - 29 Apr 2012 - 17:41:21 - MarcLegrand
Revision 4r4 - 29 Apr 2012 - 01:37:01 - MarcLegrand
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