==In the United States==
[[Image:Antonin.jpg|right|thumbnail|175px|[[Antonin Scalia]]]]
In [[Homosexualty and American Law|Homosexuality and American 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|rule of law]]."<ref>See Lawrence v. Texas, 539 U.S. 558</ref>