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Line 90: − − − − − == Homosexuality in the Law == − − Treatment of homosexuals by the law has increasingly suggested that discrimination based on homosexuality employs a "[[suspect classification]]" subject to "[[strict scrutiny]]" under modern [[Fourteenth Amendment]] jurisprudence, with judges and scholars employing language to equate discrimination on the basis of sexual orientation with already forbidden racial discrimination practices.<ref>Pamela S. Karlan, "Loving Lawrence," available online at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=512662</ref> Where federal law forbidding discrimination against homosexuals remains scant, the several states have more than taken up the burden, and many have made sexual-orientation based discrimination actionable at law and equity.<ref>See, e.g., N.Y.C. Admin. Code, s 8-107</ref> Perhaps this can be seen as an example of the robustness of the [[United States]]' [[federal system]], as the states are acting just as [[Justice Oliver Wendell Holmes]] and [[Justice Brandeis]] expressed hope that they would, as "laboratories" of experimentation on the border of developed federal law.<ref>Brest, Levinson, et al, "Processes in Constitutional Decisionmaking: Cases and Materials," Fifth Edition.</ref> − − The [[Supreme Court]] recently overturned a Texas law banning sodomy. The majority opinion, written by [[Justice Kennedy]], suggests that all forms of discrimination, including that based on sexual orientation, are now subject to [[rational basis review]], and will be frowned upon unless a legitimate state interest in the discrimination is expressed. Justice Kennedy also held that the need to legislate morals by the states' [[police power]] is no longer a legitimate state interest, absent specific physical harms being proven. [[Justice Antonin Scalia]] wrote a blistering dissent, characterizing the opinion as including phrases which will become the "dicta that ate the rule of law."<ref>See Lawrence v. Texas, 539 U.S. 558</ref> − − == Homosexuality and Marriage== − − For many years, the American Psychiatric Association listed homosexuality as a mental disorder. However, the organization de-listed homosexuality in 1973.[http://www.apa.org/pi/reslgbc.html] Since the late 1960s, many people, both homosexual and heterosexual, have lobbied for more favorable laws for homosexuals. − − Legal marriage between same-sex couples is now recognized in Canada, Spain, South Africa, Belgium, Israel and the Netherlands, and in the US state of [[Massachusetts]]. Most other western European nations and several US states recognize a more limited "civil union". 26 US states have passed constitutional amendments banning recognition of same-sex marriages, and federal law does not recognize same-sex marriage. Some groups have pushed for a federal Constitutional amendment barring the legal recognition of same-sex marriages, however the amendment did not pass the Senate.<ref>http://www.cnn.com/2006/POLITICS/06/07/same.sex.marriage/index.html</ref>
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=== Anal Cancer ===
=== Anal Cancer ===
Dr. Joel Palefsky, a noted expert in the area of anal cancer, reported that while the occurence of anal cancer in the United States is only 0.9/100,000, this number jumps to 35/100,000 for homosexuals. [http://www.frc.org/get.cfm?i=IS01B1] In addition, this rate doubles again for those who are HIV positive, which, Dr. Palefsky states is "roughly ten times higher than the current rate of cervical cancer."[http://www.frc.org/get.cfm?i=IS01B1]
Dr. Joel Palefsky, a noted expert in the area of anal cancer, reported that while the occurence of anal cancer in the United States is only 0.9/100,000, this number jumps to 35/100,000 for homosexuals. [http://www.frc.org/get.cfm?i=IS01B1] In addition, this rate doubles again for those who are HIV positive, which, Dr. Palefsky states is "roughly ten times higher than the current rate of cervical cancer."[http://www.frc.org/get.cfm?i=IS01B1]
== Homosexuality in the Law ==
Treatment of homosexuals by the law has increasingly suggested that discrimination based on homosexuality employs a "[[suspect classification]]" subject to "[[strict scrutiny]]" under modern [[Fourteenth Amendment]] jurisprudence, with judges and scholars employing language to equate discrimination on the basis of sexual orientation with already forbidden racial discrimination practices.<ref>Pamela S. Karlan, "Loving Lawrence," available online at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=512662</ref> Where federal law forbidding discrimination against homosexuals remains scant, the several states have more than taken up the burden, and many have made sexual-orientation based discrimination actionable at law and equity.<ref>See, e.g., N.Y.C. Admin. Code, s 8-107</ref> Perhaps this can be seen as an example of the robustness of the [[United States]]' [[federal system]], as the states are acting just as [[Justice Oliver Wendell Holmes]] and [[Justice Brandeis]] expressed hope that they would, as "laboratories" of experimentation on the border of developed federal law.<ref>Brest, Levinson, et al, "Processes in Constitutional Decisionmaking: Cases and Materials," Fifth Edition.</ref>
The [[Supreme Court]] recently overturned a Texas law banning sodomy. The majority opinion, written by [[Justice Kennedy]], suggests that all forms of discrimination, including that based on sexual orientation, are now subject to [[rational basis review]], and will be frowned upon unless a legitimate state interest in the discrimination is expressed. Justice Kennedy also held that the need to legislate morals by the states' [[police power]] is no longer a legitimate state interest, absent specific physical harms being proven. [[Justice Antonin Scalia]] wrote a blistering dissent, characterizing the opinion as including phrases which will become the "dicta that ate the rule of law."<ref>See Lawrence v. Texas, 539 U.S. 558</ref>
== Homosexuality and Marriage==
For many years, the American Psychiatric Association listed homosexuality as a mental disorder. However, the organization de-listed homosexuality in 1973.[http://www.apa.org/pi/reslgbc.html] Since the late 1960s, many people, both homosexual and heterosexual, have lobbied for more favorable laws for homosexuals.
Legal marriage between same-sex couples is now recognized in Canada, Spain, South Africa, Belgium, Israel and the Netherlands, and in the US state of [[Massachusetts]]. Most other western European nations and several US states recognize a more limited "civil union". 26 US states have passed constitutional amendments banning recognition of same-sex marriages, and federal law does not recognize same-sex marriage. Some groups have pushed for a federal Constitutional amendment barring the legal recognition of same-sex marriages, however the amendment did not pass the Senate.<ref>http://www.cnn.com/2006/POLITICS/06/07/same.sex.marriage/index.html</ref>
[[Bisexuality]]
[[Bisexuality]]