Boy Scouts Of America V. Dale Analysis

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The level of judicial scrutiny that should apply to claims of discrimination based on sexual orientations is level 2: intermediate scrutiny. The reason why is because these are classifications based on gender and illegitimacy, which is part of intermediate scrutiny. Governments that distinguish between groups because of gender or illegitimacy must prove that the laws are “substantially related to an important government people.” This level relates to gender; therefore, heterosexual, bisexual, or homosexual can fall into that category. Some people with different sexual orientations are criticized harshly and have limited rights to them because they are treated differently. In the Supreme Court’s analysis in Boy Scouts of America v. Dale (2000),

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