26 May 2009

Some pigs are more equal than others.

Last year, the Supreme Court of California (SCOCA) decided that homosexuals are, for the purposes of California law, a "suspect classification." SCOCA decided that homosexuals met the criteria of being (1) a discrete or insular minority that (2) possess an immutable trait and (3) share a history of discrimination, and (4) are powerless to protect themselves via the political process.
That was a pretty big deal. 
Legally, it means that any time the government treats a suspect class differently, that discrimination is presumptively unconstitutional and requires the court to apply strict scrutiny to the state's action. To overcome the presumption, the government must show that the disparate treatment is (1) legitimate, (2) the least intrusive method possible, and (3) essential for the state's function.
A court that properly applies strict scrutiny on behalf of a suspect class would prevent a government from, I dunno, enforcing a law that Jews may never marry Gentiles. 
It would also prevent the state from enforcing a law that says Jews may not claim certain government benefits, may not teach in public schools, must surrender their real and personal property to the state, must wear identifying badges, must relocate to special compounds, etc. 
Obviously I'm exaggerating. 
No modern Western government with an educated Christian majority would ever do anything that nutty based upon some unfounded mass hysteria that a statistically small, educated, and wealthy minority is determined to undermine society's morals.

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