Why do gay people think they deserve strict judicial scrutiny?

N

No Homo *JERK 4 LIFE*

New member
Why do gay people think they deserve strict judicial scrutiny?
Here are the reqs for strict scrutiny (you must meet ALL of them):

1) The group must have faced a history of discrimination.
Ok, you get that one.

2) The group must be politically powerless to pursue their interests in the public arena.
Nope. Gay groups get tons of money during election campaigns. And losing the Prop 8 fight by a 52-48 margin is hardly a landslide loss.

3) The group must be highly visible.
You guys fail this one. Gay people are not highly visible. I cannot tell who is gay and who isn't by looking at them like I can usually tell that someone is of a minority race.

NOTE: RELIGION DOESN'T COUNT!
Equal Protection is looked at through the 14th Amendment. Religious rights are looked at through the 1st Amendment's Free Exercise and Establishment Clauses. These are two separate areas of the Constitution, so the test for religious scrutiny is completely different.

NOTE:
No, 14th Amendment groups are all judged under the same test for scrutiny.

Gays get intermediate scrutiny at best. This is what gender gets, so other sexual minorities should fall here.

This isn't a debate on same-sex marriage, but rather the level of judicial scrutiny they get.
Every human being is not highly visible, or every group would get strict scrutiny.
They don't.
And no, gays get rational basis right now. No gay rights laws are being examined under strict scrutiny.
 
You have a warped definition of strict judicial scrutiny. The point of it is to weigh government interests against civil rights. It is not in the government's interest to keep gays from being married, having a joint tax return and adopting. If anything it is in their interests to allow it. It would raise income on weddings and on adoptions. It would give homes to a few more of the countless number of kids stuck in the system. Sorry you don't want to hear about gay marriage but that is all the rights they are asking for and so that is the only thing under strict judicial review. What really bothers me more than those three things I mentioned is when courts refuse to even acknowledge a gay couple as a couple. Tell me, where does the government have any right to tell someone that they are not in love with someone else? If your girlfriend and you were told by the courts that you weren't a real couple, how would you feel?

1) Most definitely
2) Gays may receive money in political campaign. However, they are powerless to adopt, marry or have joint tax return. Those are political issues which renders you saying that we don't have it meaningless.
3) Gay people are quite visible. We are human beings. How much more visible do you need? Are you saying that because we don't fit the feminine gay men, butch lesbians and slutty bisexuals stereotypes that we don't deserve these rights? If you, (I'm guessing you are straight by your name) can marry whoever you want, adopt whenever you want, and have any number of rights that couples take for granted (there are more than just joint tax returns), then why can't we?


EDIT: Highly visible does not mean that you can look at them and tell they are a minority. That isn't even true in all cases. Some half-black, half-white people look completely white but they are a minority. Are you going to say they aren't because they aren't visibly part black?

To be highly visible means that you are a distinct group (which the LGBT community is), that your rights are repressed (which our rights are), and that you have a clear goal in mind and a common cause that unites you (which we do). It doesn't mean you can walk down the street and go, "Oh, hey that's a gay guy."

Italian Americans were severely discriminated against at one point in American history. They asked for strict judicial scrutiny and recieved it because they fit the criteria. Now visibly, can you usually tell if someone is Italian? Not really. So how did they get it if by your standards you have to be able to see that they are that group?
 
Everyone deserves it - even you. ^_^
Those are human rights laws, not gay rights laws, as those rights are called upon, used and abused everyday by straights. ^_^'
 
Back
Top