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Special Class Protections for Self-Alleged Gays: A Question of "Orientation" and Consequences

A public policy analysis
by Tony Marco

Copyright Tony Marco, 1991-1994, all rights reserved


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Gay Protected Class Status Would Give

A Special Interest Extraordinary Advantages

As things now stand, gays, contrary to their assertions, enjoy the same rights guaranteed under our Constitution to other law-abiding citizens, i.e. the rights of free association, free speech, freedom to engage in contracts and conduct business, etc. (If gays object that they cannot marry one another, well, neither does American society allow anyone who so desires to marry a sibling, a child, an animal or more than one spouse.) But gay protected class status legislation would grant practicing gays special advantages and privileges, and thereby create serious constitutional conflicts related to equal protection under the law.

Once such legislation establishes that alleged "divergent" sexual desire alone confers suspect status, preferential treatment in the form of affirmative action, quotas, set-asides, marriage and adoption privileges, etc., will surely follow -- as will awarding all suspect status by allegation only, as other claimants to suspect status demand the same privilege gays enjoy.


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Updated: 13 July 2002