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The struggle for minority protection by lesbians and gay men has movedto 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 andlesbians, several states have passed amendments prohibiting laws that protecthomosexuals from discrimination, and nearly every religious organization in thenation is facing tough questions ranging from the ordination of homosexuals tohomosexual marriages. Furthermore, the homosexual community is more prominentthan ever: Lesbians and gay men are fighting for civil rights in the courtroomand in Congress, there are gay characters on prime-time television shows, well-known public figures openly discussing their homosexuality, and there isvir!

tually no one who can claim that they have never had contact with a homosexual.

In the middle of all this publicity, there lingers a pendingSupreme Court case in which the fate of the homosexual lies: Romer v. Evans, acase


The third and final factor the Supreme Court considers in suspect classanalysis is whether the discriminated group lacks the political power necessaryto redress the government. Even when homosexuals are able to pursue theirrights openly in the political arena, society's view of them probably makestheir efforts ineffective. Elected officials, sensitive to their constituents'opinions may be swayed to vote against legislation that even has the appearanceof condoning homosexuality. Undoubtedly, homosexuals meet this third and finalfactor. It is possible, but not certain, that homosexuals are a suspect class,and as such Amendment 2 will be subject to much greater judicial scrutiny. Ifthis proves to be the case, it is highly probable that Romer v. Evans will beupheld and it is also possible that there will be legislation in Congress toinclude homosexuals on the growing list of those entitled to be consideredminorities, receive quota preferences, and be protected from discrimination !

that dominated Colorado that has come to "symbolize the controversy overgay legal rights" throughout the nation. This paper will trace the elements behind that case, and attempt to focus on the steps the Supreme Court willfollow to determine whether homosexuality must be legally considered a "suspect class" for the purposes of "quota preferences, protected status or claim ofdiscrimination" as outlined by Colorado's now-famous Amendment 2. Amendment 2 does away with any attempt to protect homosexuals as a groupthat needs special rights because of discrimination. It was enacted after astatewide referendum, in which 53% voted for the measure. Richard Evans suedthe state and Governor Romer (who, ironically, opposed the amendment) under theFourteenth Amendment's Equal Protection Clause, saying that Amendment 2infringes upon the homosexual's !

itimate children would be to sanction their behavior-- abehavior that appears to be as much learned as inherited. Until that debate issettled, I believe it is not necessary to protect homosexuals by quotapreferences or protected status, and in my opinion, Amendment 2 is both legallyand morally appropriate.

tly: It should be stressed that a homosexual is just as pleasing to God as aheterosexual, as long as he makes a sincere effort to control his[homosexuality] with the help of grace. Although the individual may feelcertain that his inversion is so deep that he cannot redirect his tendencies, hemust accept them and seek to fulfill some purpose in the world. Although this sort of thinking bears little consequence on Romer v.Evans, I believe there is one other aspect to the case that must be dealt with.The studies of Simon LeVay are certainly inconclusive, regardless of how theyare looked at. Although they showed without question that the hypothalamus issmaller in gay men, there are still many other things to be considered, chiefly:Could sexual orientation affect brain structure, instead of vice versa? KennethKlivington, an assistant to the president of the Salk Institute, points to abody of evidence revealing that "the brain's neural networks reconfigurethemselves in response to c!

unnatural sexual deviants, and were treated as such.In recent years, however, startling new research has indicated thathomosexuality is possibly inherited and determined by chromosomes. A 1992 studydirected by neuroscientist Simon LeVay showed that a tiny area believed tocontrol sexual activity known as the hypothalamus was less than half the size ingay men as in heterosexual men. This study raises an interesting question: Ifhomosexuality is hereditary, is there any basis for societal discriminationagains

Some common words found in the essay are:
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Approximate Word count = 2442
Approximate Pages = 10 (250 words per page double spaced)

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