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Lecture 7

LEGALST 39D Lecture Notes - Lecture 7: Protected Group, Patient Protection And Affordable Care Act, Suspect Classification


Department
Legal Studies
Course Code
LEGALST 39D
Professor
Alan Pomerantz
Lecture
7

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Legal Studies 39D
Lecture 7
10/17/2016
Next week: read week 11, cases that developed under Obamacare (private
businesses with religious belief want to opt out)
How will Court adjudicate the case?
- They do not take it: because there are 8 justices on the bench, they cannot
take testimony (likely that the Court will say its premature, there has not
been a trial)
Is there a constitutional basis on which the Court can find that transgender people
should be able to use the bathroom aligned with their gender expression
YES
- Individual expression liberty guaranteed under the Constitution
- Right of privacy violated when they are asked to reveal information
NO
- Problematic because right to privacy is guaranteed to everyone
- People may prey on women by pretending to identifying as another gender
Government interest in gay marriage case: institution of marriage
Government interest in transgender case:
- Does the government have a reason to determine which bathroom people
can use?
- There are laws in place that prevent harassment
- If there were a rise in sexual predators, the burden should not be placed in
the transgender community
Gender
- Is not a protected class under the Constitution, but is under statute
DSM recognized that gender expression is not necessarily dictated by your body
parts.
- They don’t make the law, the legislature does
- They are not infallible
- Court will need to hear a lot of testimony that argue both sides SCOTUS
cannot do so
Equal protection argument
- Transgender people are not being protected equally
- Law protect people who have sincerely held beliefs about the gender they
identify with
find more resources at oneclass.com
find more resources at oneclass.com
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