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The Siren Song Of Stict Scrutiny, David Schraub
The Siren Song Of Stict Scrutiny, David Schraub
David Schraub
The past few years have seen a trickle of pro-gay rights judicial decisions turn into a flood. Yet gay rights advocates have been perplexed by one doctrinal oddity in the Court's decision-making: even as it has delivered a consistent stream of favorable decisions dating from the 1990s, it has displayed no interest in declaring sexual orientation to be a "suspect classification." This determination, which would require that sexual-orientation classifications satisfy strict scrutiny, has long been high on the objective list for the LGBT movement -- representing an official determination that sexual minorities are a politically marginalized group that faces systematic, …