[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.

[AntiGuv]

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.

That's their problem, not mine. However they choose to deal with that bears no relation to the accuracy - or possible lack thereof - in my application of Romer, Lawrence, Limon, or Cleburne.