[AntiGuv]

Then perhaps you would be good enough to give me an example of the kind of thing I asked for. An actual case, if you don't mind?

Here's the most similar rationale I can think of:

City of Cleburne, Texas v Cleburne Living Center

Enjoy.

[aristeides]

I'll look at it later. My recollection of it from law school is that treatises treated Cleburne as only pretending to use rational review and as in fact creating the functional equivalent of a protected class.

I wonder how many homosexuals there are who don't relish the dubious honor of having imposed upon them this status of being a protected ward of the state. Justice Thomas's affirmative action dissent shows how some blacks feel about it.