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AP U.S. Government 2.3 Civil Rights and Liberties 14 Views


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AP U.S. Government 2.3 Civil Rights and Liberties. Classifications based on sexual orientation receive...what?

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English Language

Transcript

00:04

And here's your shmoop du jour brought to you by scrutiny on

00:06

the bounty the new movie about a guy carefully examining a roll of paper [A man examines a roll of paper on a boat]

00:10

towels it's already getting Oscar talk really...Classifications based on sexual

00:16

orientation receive what and here are the potential answers [mumbling]

00:21

Well who knew there were so many levels of scrutiny we're still only on [Man playing video game]

00:27

level 1 but just because our mom won't let us play after lights out...Alright

00:31

let's take a stab at this thing first of all under our good old friend the

00:35

Fourteenth Amendment every person is entitled to equal protection under the

00:39

law which basically means that we can't apply the same laws differently for

00:43

different people yep, that's a rough one for bigots everywhere however equal [People protesting outside government building]

00:48

protection can be not so equal depending on which class we belong to for example

00:54

laws that discriminate based on race receives the highest level of scrutiny

00:58

since race is considered a suspect class that's because Fourteenth Amendment was

01:03

originally passed to protect freed slaves from discrimination under the law [Man rejecting a black man for a hotel room]

01:06

so laws dealing with race are a big deal but what about classifications based on

01:11

sexual orientation well this became one of the hottest topics in the judicial

01:16

world in the 2010 we're talking Death Valley hot after a wave of cases ruling [Man surfboarding in the sea]

01:21

same-sex marriage bans to be unconstitutional courts across the

01:25

country were forced to look at the Fourteenth Amendment in a new way for [The Fourteenth Amendment in a chair wearing cucumber eye patches]

01:29

example in 2012 the United States vs Windsor the Second Circuit Court of

01:33

Appeals argued that parts of the Defense of Marriage Act were unconstitutional

01:37

since it treated homosexual married couples different from heterosexual [Mand and woman kissing at a wedding]

01:41

married couples in its ruling the circuit court argued that sexual

01:45

orientation should in fact be a quasi suspect class meaning that laws [Two female figures on a wedding cake and a man climbing on the cake]

01:51

discriminating based on sexual orientation would receive an

01:55

intermediate level of scrutiny while the supreme court agreed with circuit

01:58

court's ruling about the laws unfair treatment they didn't weigh in on

02:02

whether or not sexual orientation belongs to any kind of suspect class so

02:06

what's all this boil down to well if sexual orientation isn't considered a

02:10

suspect class then classifications based on

02:13

sexual orientation must receive a the lowest level of scrutiny of course now

02:19

that the Supreme Court has ruled that Constitution guarantees a right to [A judges bangs their gavel]

02:22

same-sex marriage there's a chance that sexual orientation could finally earn a

02:26

seat at the front or at least in the middle of the suspect class pull up a

02:30

chair there's always room for one more [Woman standing at the front of a classroom]

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