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Recently, gays have creasgly sought nstutnal protectn om the pervasive discrimatn. This chapter argu that urts should regnize * gay suspect classification *

Gays and lbians clearly fulfill the first crern put forth by Jtice Stevens: they have suffered obv and paful discrimatn.

The harm wrought by bans on gays openly servg the ary, engagg fulfillg sexual relatnships, and claimg the benefs of formal regnn of their relatnships has been all the more pernic bee of this mocratic sanctn.

Whether gays and lbians have some “obv, immutable, or distguishg characteristic, ” to e Jtice Stevens’ amg, is a more difficult qutn to evaluate. Whether gays nstute a polilly powerls mory is a siarly tricky qutn.

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The LGBTQ muny certaly has energetic and effective advot the Human Rights Campaign, the Natnal Gay and Lbian Task force, and Lambda Legal, among other anizatns. This would seem to suggt that gays and lbians do have polil fluence.

The gay rights movement of that perd had nowhere near the polil potency has today. Furthermore, as Darren Lenard Hutchson wrote for the Alabama Law Review, regardls of the fluence that the LGBTQ muny has now, the fact remas that “to the extent that gays and lbians have polil power, they n only e this power to persua urts and legislatur to regnize basic rights that others take for granted. ” Gays aren’t polilly fluential the way oil tyons and multatnal rporatns are; their stggle is not for special tax exemptns, but rather for simple human digny.

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