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Gale Encyclopedia of American Law Volume 12 P7 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW LAWRENCE V. TEXAS 47 moral and social problems would arise if women tended bar or otherwise enjoyed equal opportunities. Id. at 725 n.10. Similarly negative attitudes toward those with a particular personal characteristic even where advanced with the toneddown patina of morality are also not a legitimate justification for discrimination under rational basis scrutiny. In Romer the Court refused to endorse the dissent s position that Amendment 2 s anti-gay classification could be sustained as an attempt to preserve traditional sexual mores Romer 517 U.S. at 636 Scalia J. dissenting . In Moreno faced with a regulation that targeted the morally disfavored group of hippies the Court emphasized that if the constitutional conception of equal protection of the laws means anything it must at the very least mean that a bare . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest. Moreno 413 U.S. at 534. Instead different treatment must be supported by reference to some independent considerations in the public interest. Id. alteration in original . Whether termed a moral judgment fear discomfort or bias mere negative attitudes about one subset of the diverse American population cannot justify distinctions in legal treatment. See Cleburne 473 U.S. at 448. Third there is no other legitimate justification that can save this law. The distinction drawn by the Homosexual Conduct Law does not rationally further any permissible goal of the State. There are no valid concerns of the government here that correlate with sexual orientation which is a deeply rooted personal characteristic that we all have. Variation among heterosexuals homosexuals and bisexuals has no relevan cy to interests the State has the authority to implement Garrett 531 U.S. at 366 or to factors which are properly cognizable Cleburne 473 U.S. at 448 in writing the criminal law. Thus Section 21.06 s linedrawing does not turn on or respond to any .
