home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: soc.motss
- Path: sparky!uunet!flood!tom
- From: tom@flood.com (Tom Chatt)
- Subject: Re: Injunction GRANTED Against Amendment 2 !!YAY!!
- Message-ID: <1993Jan23.085438.6067@flood.com>
- Sender: root@flood.com (Operator)
- Organization: The Flood Group, Inc. Torrance, Ca.
- References: <8454441715011993/A26890/OUTLAW/11717C6C1400*@mrgate.uwyo.edu> <1993Jan19.060403.17304@flood.com> <16B5B8937.TMCCART3@ua1vm.ua.edu>
- Date: Sat, 23 Jan 93 08:54:38 GMT
- Lines: 39
-
- TMCCART3@ua1vm.ua.edu (Tracey McCartney) writes:
- | tom@flood.com (Tom Chatt) writes:
- | >If this goes forward and does not get overturned, it will set a
- | >tremendous precedent, establishing sexual orientation as a
- | >"suspect class" for equal protection purposes. The downside is
- | >that the precedent would be so tremendous that it is certain
- | >to be reviewed by the Supreme Court...
- |
- | I am probably mistaken about this, but don't we have to be declared a
- | "suspect class" by the Supreme Court *before* a strict scrutiny test
- | can be applied to laws that discriminate against us? I'll ask one of
- | my law professors today...
-
- Remember, the Supreme Court *reviews* issues, they don't promulgate them.
- There are only a few classes which are decidedly established as
- "suspect classes", but it is not clear that the list is exclusive.
- A trial judge could, I think, rule that some new sort of class meets
- the criteria appropriate for a suspect class. The Supreme Court is,
- of course, in a position of review.
-
- Also, you can get to strict scrutiny in two ways: one, by involving
- discrimination against a suspect class; two, by interference with
- *fundamental* rights. (Again, there is a precedential canon of which
- rights count as fundamental, which varies depending on which
- amendment you are enforcing.) From Judge Bayless' comments, it
- sounded like he may have arrived at strict scrutiny from either
- (or better yet, both) of these reasons.
-
- I'd be really interested in seeing the full text of what Judge Bayless
- said. I'm mostly going off of the quotes from all of the articles that
- Maria Lasaga has posted (thanks again Maria!). Let us know what your
- profs say. I'm not a lawyer myself, I've just dated one, live with one,
- and actually enjoy listening to my housemate's law school lecture tapes
- while driving to work. :-)
-
- --
- Tom Chatt \ Don't take offense, take action.
- Internet: tom@flood.com \ Speak up. When we remain silent,
- UUCP: ...!uunet!flood!tom / \ we oppress ourselves.
-