Homosexuals: A Suspect Class?

Homosexuals:  A Suspect Class?


     The struggle for minority protection by lesbians and gay men has moved

to the center of American life at the outset of the 1990's.  It is almost

certain that lesbian and gay issues will be a more eminent aspect of the public

consciousness and American political scene in the coming decade than in any

other time in American history.  Policy changes early in Bill Clinton's

administration created a heated debate over the military presence of gays and

lesbians, several states have passed amendments prohibiting laws that protect

homosexuals from discrimination, and nearly every religious organization in the

nation is facing tough questions ranging from the ordination of homosexuals to

homosexual marriages.  Furthermore, the homosexual community is more prominent

than ever:  Lesbians and gay men are fighting for civil rights in the courtroom

and in Congress, there are gay characters on prime-time television shows, well-

known public figures openly discussing their homosexuality, and there is

virtually no one who can claim that they have never had contact with a

homosexual.  In the middle of all this publicity, there lingers a pending

Supreme Court case in which the fate of the homosexual lies:  Romer v. Evans, a

case that dominated Colorado that has come to "symbolize the controversy over

gay legal rights" throughout the nation.  This paper will trace the elements

behind that case, and attempt to focus on the steps the Supreme Court will

follow to determine whether homosexuality must be legally considered a "suspect

class" for the purposes of "quota preferences, protected status or claim of

discrimination" as outlined by Colorado's now-famous Amendment 2.

     Amendment 2 does away with any attempt to protect homosexuals as a group

that needs special rights because of discrimination.  It was enacted after a

statewide referendum, in which 53% voted for the measure.  Richard Evans sued

the state and Governor Romer (who, ironically, opposed the amendment) under the

Fourteenth Amendment's Equal Protection Clause, saying that Amendment 2

infringes upon the homosexual's "fundamental right to participate in the

democratic process."  Romer v. Evans has had amicus curiae or "friend of the

court" briefs filed for both sides--briefs that have pitted state against state

and church against church.  Colorado officials are quick to say that their state

is not acting out of hate, but merely deciding in a democratic fashion whether

homosexuals need to be singled out for protection against discrimination.  The

Colorado Supreme Court, however, struck down the amendment, saying:

     [Amendment 2] bars gay men, lesbians and bisexuals from having an

effective voice in governmental affairs, insofar as those persons deem it

beneficial to seek legislation that would protect them from discrimination based

on their sexual orientation. The United States Supreme Court must now determine

whether or not to uphold the Colorado Supreme Court's decision, despite the

results of the referendum that was basically a public affirmation of orthodox

Christian beliefs.

     For hundreds of years homosexuality has been uniformly condemned by

traditional Christian societies as immoral.  On that ground, it was never

contested that sodomy should remain illegal and unprotected by any legislation--

homosexuals were considered unnatural sexual deviants, and were treated as such.

In recent years, however, startling new research has indicated that

homosexuality is possibly inherited and determined by chromosomes.  A 1992 study

directed by neuroscientist Simon LeVay showed that a tiny area believed to

control sexual activity known as the hypothalamus was less than half the size in

gay men as in heterosexual men.  This study raises an interesting question:  If

homosexuality is hereditary, is there any basis for societal discrimination

against something innate?

     The reactions of the homosexual community have been mixed.  As many see

it, looking for a "cause" of homosexuality suggests that it is anThis is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Electronic References. Please register below now!


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