ABSTRACT
Miller, H. II. (1984). An argument for the application of equal protection heightened scrutiny to classifications based on homosexuality. Southern California Law Review, 57(5), 797-836.
The Court has recognized that certain groups are in need of judical protection. This article argues that, "the courts should apply equal protection and heightened scrutiny to classifications based on homosexuality on the premise that it is wrong for the government to discriminate against gays solely because they are gay. " The article discusses in detail why homosexuals should be granted this "heightened scrutiny," because they are the subject of official discrimination. The argument for heightened scrutiny is that it is "a status, and not a chosen activity." This makes homosexuality a characteristic that an individual has no control over. Therefore, no one individual can control the sexual orientation of another. Homosexuals are the victims of incorrect and erroneous stereotypes which also lead to discrimination. It is significant to note that homosexuality is a subject of controversy that is not apt to change easily, but "for any relief to be effective, courts must have a means to strike down the prejudice and the stereotypes embodied in laws that discriminate against gays, as well as the laws themselves."
