Comments on: “Home Court Advantage” – Can Gays Be a Suspect Class?

By: KP

KP — Wed, 08 Dec 2010 18:27:13 +0000

"Gays" cannot be a suspect class. A suspect class is more general. For example, "race" is a suspect class. Thus, you cannot be discriminated against based on your race. Age is similar.

In this case, "sexuality" would be the suspect class. Therefore straight, gay, asexual, etc. people could not be discriminated against because of their sexuality.

By: “Facts are stubborn things”: The meaning and value of Judge Walker’s Prop 8 decision « Prop 8 Trial Tracker

Thu, 05 Aug 2010 12:46:20 +0000

[...] 8 even fails the rational basis test. One of the essential elements of a suspect class (which I explained in detail before) is if gays are a distinct minority, whose trait is immutable and an essential element of [...]

By: Historic DOMA Ruling Could Help Repeal Prop 8 « Prop 8 Trial Tracker

Historic DOMA Ruling Could Help Repeal Prop 8 « Prop 8 Trial Tracker — Sat, 10 Jul 2010 14:12:54 +0000

[...] is this so important? Because having live-blogged the Prop 8 trial, I’ve become very concerned about how we could get the federal courts to strike it down – if no federal court has ever found [...]

By: David

David — Wed, 27 Jan 2010 21:48:34 +0000

Actually none of the groups would survive, since they are islands with limited food sources, etc.

By: APOLARITY » Blog Archive » I’ve been reading…

APOLARITY » Blog Archive » I’ve been reading… — Mon, 25 Jan 2010 06:51:56 +0000

[...] “Home Court Advantage” and Determining Scrutiny, both from Prop 8 Trial Tracker, are helpful explanations of the process by which the case will be decided, and which side will be deemed to have the burden of proof. [...]

By: David

David — Sat, 23 Jan 2010 12:34:34 +0000

Thank you, Chris, for sharing this bit of your life with us. It makes me proud to see there are others that believe, as we do; equality for one should mean equality for all.

By: David

David — Sat, 23 Jan 2010 12:31:29 +0000

Sorry, James, I don't an answer on this one, but I suspect it may be all what you cite in your post. Except is important to remember history and realize that things do change, it just takes time. I can remember a time in America, when the word 'gay' was not even in the lexicon of American language, except that it meant 'silly'. We have come a long way, but we still have a long way to go. The road is seldom an easy one, but I have learned it is worth the travel to get there.
Love,
David

By: Joetx

Joetx — Thu, 21 Jan 2010 14:53:59 +0000

That case was an EIGHTH Circuit case, not 9th.

By: Lon

Lon — Tue, 19 Jan 2010 19:42:57 +0000

It is not a physical impossibility. It may not be something you want to do. I'm not arguing the psychological level. Rather, it is anatomically possible. That one finds something disgusting does not mean that one cannot do it. (This is true whether we are discussing taking a medication that tastes foul or engaging in an act of intimacy.)

My point is that the courts are not likely to grant immutability as part of being gay, thus making "Suspect Class" unlikely.

(No question in my mind that the gay conversion industry is nonsense. The courts have not weighed in.)

By: Chris

Chris — Tue, 19 Jan 2010 15:54:04 +0000

Allan, I am one of your straight allies.(Re your blog Jan17th) As the mother of 4 adult children, 3 girls and 1 boy, I am proud to say that I have a wonderful gay son who has a loving partner.
Every year I look forward so much to my visits with them in L.A. as, I am welcomed by their fabulous friends with whom I have become quite attached. ( most them are also gay)
I am horrified that in this day and age… when we are expected to be politically correct…., and charged with treating people as equals…. because we live in a Country where there is Liberty and Justice for all……. the courts are deciding if my son is worthy of being treated as an equal!!!
Incarcerated murderers are permitted to marry. Non citizens are permitted to marry. And some developmentaly disabled individuals are permited to marry.
Yet there are some supposedly upstanding citizens attempting to deny my law abiding son and his partner the same rights a murderer has??? And worse… why do they care if 2 loving people marry and have children by adoption or surrogacy.
The murderer might have several children who will most likely be suported on Welfare benefits.
I think it is time the courts spend time of the real issues affecting society such as murder, rape, robbery and violence.
Just leave the law abiding Americans alone .Some of the gay and lesbian couples I have had the privilege of meeting are better parents than some of the hertosexual couples I know. AND, most of them have had the same partner longer than some of my multi divorced friends.
Those of you who are fighting against Gay marriages need to get out in the real world and focus on the real problems in society.
Furthermore, secreting trials and protecting those who are testifying based purely on their opinions seems somewhat like the Mc Carthy hearings.