So the Court has gone and listed the factors that are considered whn deciding if a "group" exists that needs to be protected.
the factors are:
1 History of discrimination of group (you need a coherent group)
2 Is the characteristic that defines the group immutable?
3 Congenitality – is the characteristic something you are born with?
4 Is the group so small that they will never be able to protect themselves in the political process?
5 Is the relationship between the characteristics that define the group and the nature of the regulation?
I don't like the factors all that much, really. I don't understand why they have 2 and 3. those seem frivolous. If you're protecting a group and not people, then does it really matter if they leave the group? It seems that if they leave the group, they lose protection, right?
and apparently there was a case about a transvestite who was fired when the manager found out she was a man. he sued, claiming to be a woman, for all intents and purposes. except for the ... you know. the court says that since he wasa physical he and not a physical she, he wasn't protected as a she.
ok, back to the discussion. i think the other factors are important. but i dunno, i feel that economic status should be protected, and if you leave the lower class, you clearly don't need protection anymore, so you shouldn't be protected.
And homosexuality cases right now are in the lower courts, sort of waiting for science to say whether homosexuality is nature or nurture. In my opinion, again, i dont think that should matter. I think homosexuality is different, though, since i'm not sure what objective rules there would be about what is and isn't enough to prove homosexuality. so then you might have people abusing the protection, claiming to be gay if they get fired or something... I don't know... I think that if they want to marry each other, that's proof enough for me. but for other things, it ight be more difficult...
ok, back to class.
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The important thing is not to stop questioning. Curiosity has its own reason for existing. One cannot help but be in awe when he contemplates the mysteries of eternity, of life, of the marvelous structure of reality. It is enough if one tries merely to comprehend a little of this mystery every day. Never lose a holy curiosity. Albert Einstein (1879 - 1955)
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Smacky's Tumblelog
2 comments:
Well I know that are my fathers former buisness there were times when firing some one became very difficult. Generally this ment if they were black or gay they have to have lawyers in the wings because they would try to play the they fired me because I am ___ card. It all becomes very tricky. They were bad emplyees and needed to be let go, but fear of lawsuits was also present.
Its one of those I am all about protecting those who need protection but when they start to abuse the system and then becomes difficult to continue protecting the,
Its on par with medical malpractice. People should be able to sue for when Dr's screw up (and they will and do they are human) but when it inflates to millions of dollars it becomes impractical. The loss of the wrong limb or a death that perhaps could have been prevented is worth a lot, and it should be, but when small things get millions is just hurting every one else and you end up with caps that they want to put in place. Any way I am rambling again...
Those parts aren't all familiar to me. What cases are ya'll going over right now? I think it's going to be tough for homosexuals with this current administration and with certain extreme conservatives on the court. Even if Bush gets to pick a new judge, what's the worst that happens? He picks a conservative to replace a conservative? And yes that person will be younger but there needs to be balance in the future anyway. I guess my thought is that people should work hard if they want something. They shouldn't get off easy just for the luck of the draw of skin color. And what determines a persons race? And I agree with you that if you leave a group you've left. You can go back but you can't be a member and a nonmember at the same time.
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