Minnesota Law Review
Abstract
It is unclear whether the Equal Protection Clause of the Fourteenth Amendment prohibits states from differentiating between people based solely on their sexual orientation and/or gender identity. This Note analyzes the Supreme Court’s tiers of scrutiny—rational basis review, intermediate scrutiny, and strict scrutiny—to argue that a new suspect class is warranted for sexual orientation and gender identity (SOGI), triggering strict scrutiny for SOGI classifications. This analysis shows that a united SOGI class meets all of the characteristics associated with suspect classes, including a history of anti-LGBTQIA+ discrimination and the irrelevance between SOGI and one’s ability to contribute to society. This Note highlights the importance of uniting sexual orientation and gender identity into a single suspect class and presuming that any government actions on these bases are unconstitutional.
Volume
109
Issue
5
Page Number
2407
Recommended Citation
Kaz Lane,
Building Bridges: Queer Rights in and out of the Courts,
109
Minn. L. Rev.
2407
(2025).
Available at:
https://scholarship.law.umn.edu/minnlrev/vol109/iss5/6
