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38 Touro L. Rev. 283 (2022-2023)
Baby, We Were Born This Way: The Case for Making Sexual Orientation a Suspect Classification under the Equal Protection Clause of the Fourteenth Amendment

handle is hein.journals/touro38 and id is 291 raw text is: BABY, WE WERE BORN THIS WAY: THE CASE FOR MAKING SEXUAL ORIENTATION A SUSPECT CLASSIFICATION UNDER THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT Jennifer R. Covais* ABSTRACT Currently, the Equal Protection clause of the Fourteenth Amendment of the U.S. Constitution provides minimal constitutional safeguards against discrimination based on sexual orientation. Laws that treat queer Americans differently than their straight counterparts are presumptively constitutional if those laws bear a rational relationship to any legitimate government interest. Consequently, states may limit same-sex couples' ability to adopt children, enjoy the goods and services of certain businesses, and qualify for government programs. The Supreme Court established enhanced equal protection guarantees for classifications based on race, ethnicity, and national origin which are deemed suspect classifications. These classifications will only survive judicial review if the government proves the law is necessary to achieve a compelling government interest. Classifications based on race, ethnicity, or national origin rarely meet this high legal burden, making it nearly impossible for states to discriminate based on these protected categories. However, the Supreme Court has never extended these protections to any other category of people, despite having ample opportunity to do so. * J.D. Candidate 2022, Touro College Jacob D. Fuchsberg Law Center; State University of New York at New Paltz, B.A. in History and Political Science, 2019. This Note is dedicated to the LGBTQ+ community worldwide. I want to thank you all for giving me the unconditional support and love to be who I am and encouraging others to do the same. I would also like to thank Notes Editors Mike Petridis and Katherine Carroll for their unwavering support and guidance through this process. I would lastly like to thank my mother, Lisa Goodfield, and my partner, Larry Brodetskiy for being my biggest fans in supporting my dreams. 283

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