What is the test for classification as a "suspect" for a plaintiff in a civil matter?
MultiRegion, United States of America
The following excerpt is from Hatheway v. Secretary of Army, 641 F.2d 1376 (9th Cir. 1981):
Though "(t)he courts have not designated homosexuals a 'suspect' or 'quais-suspect' classification so as to require more exacting scrutiny," DeSantis v. Pacific Tel. & Tel. Co., Inc., 608 F.2d 327, 333 (9th Cir. 1979), heightened scrutiny is independently required where a classification penalizes the exercise of a fundamental right. See Shapiro v. Thompson, 394 U.S. 618, 634, 89 S.Ct. 1322, 1331, 22 L.Ed.2d 600 (1969). It does so here.
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