LEGALST 39D Lecture Notes - Lecture 7: Protected Group, Patient Protection And Affordable Care Act, Suspect Classification
17 Oct 2016
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Next week: read week 11, cases that developed under obamacare (private businesses with religious belief want to opt out) 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. Individual expression liberty guaranteed under the constitution. Right of privacy violated when they are asked to reveal information. 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. 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.
