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Bowers v. Hardwick
5-4
Is There a History of Anti-Gay Laws in This Country?
Supreme Court has historically held that it will apply more scrutiny if the discrimination in question is against a category of people that have been historically discriminated against. Discrimination on the basis of gender gets a heightened level of scrutiny, though not the highest because of historical gender inequity. But the court has held that the lowest level of scrutiny applies to discrimination on the based of sexual orientation. The other weird thing is that they're sort of claiming that gays are not historically discriminated against in this country.
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