<p>The EP clause is composed of three different scrutiny tests.</p>
<p>1) the Rational basis scrutiny test allows 100% lawful discrimination for rational reasons. For example, blind people can’t drive.</p>
<p>2) The Intermediate scrutiny test allows lawful discrimination sometimes. Its scope mainly governs sexuality; for example, women fall under the jurisdiction of the Intermediate scrutiny test of the EPClause. Women are not allowed into combat in some military divisions because in certain situations, soldiers have a tendency to come back for a woman if she is wounded, and again, in certain scenarios, this may jeopardize military missions (my friend is at West point which is how I know this).</p>
<p>3) The Strict scrutiny test STRICTLY forbids discrimination for people under its jurisdiction. To qualify for absolute strict scrutiny protection under the EPClause of the 14th, the said group of people must classify as a “suspect class.”</p>
<p>-To qualify as a “suspect class,” the group of people must:</p>
<pre><code>1) The group has historically been discriminated against, and/or have been subject to prejudice, hostility, and/or stigma, perhaps due, at least in part, to stereotypes.[1]
2) The group is a “discrete” and “insular” minority.[2]
3) They possess an immutable[3] and/or highly visible trait.
4) They are powerless[3] to protect themselves via the political process.
</code></pre>
<p>For example, blacks are a suspect class because they satisfy 1), 2), and 3).</p>
<p>Now, we get to the interesting part, which is why I love constitutional law so much. Do gays classify as a suspect class and fall under the strict scrutiny test (and let me tell you that if the supreme court decides they do fall under the strict scrutiny test, DOMA’s about to go out the window as well as all bans on gay marriage)?</p>
<p>Let’s find out. This is just my opinion btw.</p>
<pre><code>1) The group has historically been discriminated against, and/or have been subject to prejudice, hostility, and/or stigma, perhaps due, at least in part, to stereotypes.[1]
</code></pre>
<p>Yes. I’ll give you guys this one. Stonewall riots come to mind, as well as many other examples.</p>
<pre><code>2) The group is a “discrete” and “insular” minority.[2]
</code></pre>
<p>No. I don’t think so xD</p>
<pre><code>3) They possess an immutable[3] and/or highly visible trait.
</code></pre>
<p>Now this is interesting. Nobody knows if people are born gay, or choose to be gay. So there’s no way to tell! Let’s skip this one for now.</p>
<pre><code>4) They are powerless[3] to protect themselves via the political process.
</code></pre>
<p>Nope. They’ve got Harvey Milk and Barney Frank in there, as well as a lotta other supporters.</p>
<p>So that’s 1 Yes, 2 Nos, and 1 Not sure. If gayness is in fact genetic and some proof can be offered, that not sure can turn into a yes, and then it can be 2/4, or 50%, imo enough to qualify gays for suspect class as well as strict scrutiny status. But it isn’t up to me. It’ll be up to the Supreme Court T.T</p>
<p>That swing vote will be crucial if the SC does indeed want to take such a case.</p>