i cannot remember what it was called of the top of my head. but checkout http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm have a look down the bottom. does not mention physical disability but mental disability is listed next to homosexuality as requiring a 'rational basis test'. ie, the state, or congress, only have to provide a rational explanation for passing discriminatory legislation for these groups. this could be 'marriage is between a man and a woman historically'.
I'm suprised this isn't considered a big deal. I'm a final year law student in NZ (i have a week to go before i finish). a class i did two years ago was focused on how discrimination is treated in different common law countries. the case (that i can't remember the name of) got mentioned by the lecturer as this massive blot on American jurisprudence. Not just because of the result, but because of the potential impact on other minorities who don't get strict scrutiny. it really stuck with me.
but this might be one of those things that looks worse to outsiders than it does to people who are actually involved in that particular area.
technically in NZ, parliament could pass a law killing all blue eyed babies. this is because parliament is supreme, our courts cannot strike down legislation. I don't know what wld actually happen, but you wouldn't get laughed out of court. out of the country maybe.
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branchandroot
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Date: 2010-02-13 12:58 am (UTC)I'm suprised this isn't considered a big deal. I'm a final year law student in NZ (i have a week to go before i finish). a class i did two years ago was focused on how discrimination is treated in different common law countries. the case (that i can't remember the name of) got mentioned by the lecturer as this massive blot on American jurisprudence. Not just because of the result, but because of the potential impact on other minorities who don't get strict scrutiny. it really stuck with me.
but this might be one of those things that looks worse to outsiders than it does to people who are actually involved in that particular area.
technically in NZ, parliament could pass a law killing all blue eyed babies. this is because parliament is supreme, our courts cannot strike down legislation. I don't know what wld actually happen, but you wouldn't get laughed out of court. out of the country maybe.