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Re: 42 USC 1983

Posted by Habeascorp on Friday, April 08 2005 at 9:56:11PM
In reply to 42 USC 1983 posted by Kevin Brown on Friday, April 08 2005 at 6:06:25PM

I understood that Romer v. Evans established homosexuality as a special class in the US Supreme Court. If this is true, then is an opinion that pedosexuality would not be a special class based upon its designation as a mental disorder by the APA, or another principle?

Romer did not establish homosexuality as a "suspect class" or any kind of special class. It merely held that under the most deferential form of scrutiny, i.e. "the rational basis test," (there must only be a rational basis furthering a legitimate state interest), that the Colorodo Constitional Amendment prohibiting any legislation protecting homosexual persons from discrimination, could not survive. As recently as 2003, the U.S. Supreme Court determined that the "rational basis" test applied to laws which discriminated against homosexuals.

If a law's objective is a bare desire to harm a politically unpopular group, there is no legitimate state interest and it cannot pass constitutional muster; it violates the = protection clause. Also, the equal protection clause applies to the discriminatory administration of a facially nuetral statute. So, its not that you don't have a prayer based upon your orientation, just realize its not a suspect class -- sexual intimacy per se is not a fundamental right.

First Amendment rights to speech/assembly/association are another matter.

The CPS petition is sealed as a family court document. It is very concise and alleges solely that I am unfit as a parent because I telephoned the Rick Robert's show on 2/23/05 and identified myself as a "pedophile".

That may be of great help to you. In terms of disability discrimination, I'll get back to you. I need to check something before I open my mouth.

You should never pick a fight with someone who buys ink by the bottle; but there's little you can do if they pick a fight with you.

Habeas





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