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.
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.
The government can place restrictions on marriage. One cannot marry multiple partners nor can they marry minors nor non-humans.
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.
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.
The government can place restrictions on marriage. One cannot marry multiple partners nor can they marry minors nor non-humans.