While as sexuality remains to be vague in its description The Civil Rights Act of 1964 defines ethnicity, race and sex as explicitly protected by law. Laws that affect a sheltered group of people within the society tend to be subjected to high levels of strict scrutiny. By rendering particular groups of people as unconstitutional, the government shows interest in discriminating the particular group. Failure to protect a peculiar protection of the constitution to a protected community allows for rationality (Berg, 2009). Discussions held earlier failed to classify the LGBT individuals as a people of a protected class.
Contrastingly, the Federal Courts seem to be unshaken to reverse this conception. However, other states concluded that the LGBT individuals need to be incorporated in the constitution. This would also include allowing gay marriage. Hawaii became the first state to do so following the outcomes of the Baehr v. Lewin court case of 1993.The court found out that prohibiting gay marriage equalized violation of equal constitutional protection. The court further described a protected class with a basis on sexuality (Ekins & King 2006). Any equitable logic that the policy promotes state welfares would be sufficient to reckon the law as constitutional.
The identification of a protected community relies on four principles characteristically. These principles include history protection or lack of protection for the class, whether the contribution to society varies between protected class and the general public. Thirdly, the status of political power of the protected community and, lastly whether the protected community portrays immutable characteristics. The concept of immutability mainly arises from the biological facts of sexual orientation (In et al. 2015). Theories on Homosexuality Various aspects contribute towards the element of identification of gender.
First, the strategies of upbringing as applied by parents; and Secondly, the development of oratory skills. Thirdly, approaches in naming sexual behaviors, as well as the processes related to sexual behaviors. Identification of gender develops gradually along with a combination of other aspects. These aspects include the robustness of play in childhood, patience of aggression levels and regularity of both paternal and maternal interactions. The Parental Manipulation Theory suggests that evolutionary fitness relies greatly on the ability of individual parents to control and neuter offspring.
When parents select and uphold only the heterosexual practices, they would be attempting to ensure evolutionary fitness.
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