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The Fourteenth Amendment's protection scope over sexual orientation: a comprehensive legal analysis

Bugallo, Mercedes (2012) The Fourteenth Amendment's protection scope over sexual orientation: a comprehensive legal analysis. Undergraduate Thesis, University of Pittsburgh. (Unpublished)

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Abstract

This thesis provides an in-depth legal analysis of the protection status granted to minority groups by the Supreme Court under the Fourteenth Amendment. It sets forth a thorough definition of what a suspect class is and an explanation of its requirements, with the final aim of analyzing sexual orientation within the boundaries of such definition. There are four main points to consider when identifying a suspect class: a history of purposeful discrimination, political powerlessness, an immutable and uncontrollable trait, and incorrect stereotypes. If all the indicia of suspectness are met then the group is considered a suspect class and if only some of the criteria are met then it is considered a Quasi-suspect class. This thesis will prove that sexual orientation is at least a Quasi suspect class by fulfilling most of the requirements in an above satisfactory fashion, although the argument could perfectly be made for full-suspectness status if the Court were to find them all sufficient. It also comprehensively compares U.S. court cases throughout, and finally presents a side-by-side review of U.S. Supreme Court’s decisions on gender and sexual orientation.


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Details

Item Type: University of Pittsburgh ETD
Status: Unpublished
Creators/Authors:
CreatorsEmailPitt UsernameORCID
Bugallo, Mercedesmeb130@pitt.eduMEB130
ETD Committee:
TitleMemberEmail AddressPitt UsernameORCID
Thesis AdvisorNelson, Lisalsnelson@pitt.eduLSNELSON
Committee MemberKessler, Michaelmkessler@pitt.eduMKESSLER
Committee MemberAllen, Jessiejallen@pitt.eduJALLEN
Committee MemberDeFazio, Davidfaze2@pitt.eduFAZE2
Date: 24 May 2012
Date Type: Publication
Defense Date: 18 April 2012
Approval Date: 24 May 2012
Submission Date: 20 April 2012
Access Restriction: No restriction; Release the ETD for access worldwide immediately.
Number of Pages: 60
Institution: University of Pittsburgh
Schools and Programs: University Honors College
Dietrich School of Arts and Sciences > Political Science
Degree: BPhil - Bachelor of Philosophy
Thesis Type: Undergraduate Thesis
Refereed: Yes
Uncontrolled Keywords: rational-basis test, heightened scrutiny
Date Deposited: 24 May 2012 17:45
Last Modified: 15 Nov 2016 13:57
URI: http://d-scholarship.pitt.edu/id/eprint/11924

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