NCJ Number
138052
Journal
Temple Law Review Volume: 64 Issue: 4 Dated: (Winter 1991) Pages: 937-975
Date Published
1991
Length
39 pages
Annotation
In recent years, the Supreme Court has become more unwilling to consider complaints that additional groups historically victimized by societal discrimination merit suspect or quasi-suspect classification status under the 14th amendment's Equal Protection Clause. In particular, the Court has failed to recognize homosexuals as a group that should be protected.
Abstract
In general, suspect and quasi-suspect classes must be discrete and insular groups whose members have a "disability" over which they have no control, have experienced a history of purposeful discrimination on the basis of stereotyped characteristics not truly indicative of their abilities, and have been stigmatized by society. This author argues that homosexuals as a group more closely meet these criteria than do some other groups already accorded suspect class status. He notes that the Court's failure to confer suspect class status on homosexuals has in effect fostered the impression that certain groups deserve the stigma that society attaches to them, thereby promoting the type of discrimination that the Equal Protection Clause works to eliminate. Through its actions in this regard, the Court has encouraged the notion that it does not use criteria in making its classifications and has brought into question its own commitment to morality and respect for the law. 212 notes