Discrimination of Sexual Orientation to Second Amendment Rights

Loving v. Virginia (1967)

Struck down bans on interracial marriage. Marriage is a fundamental right; racial classifications must pass strict scrutiny.

Bowers v. Hardwick (1986)

Upheld Georgia sodomy law; no fundamental right to same-sex intimacy. Focused on tradition. Later overruled.

Romer v. Evans (1996)

Struck down Colorado law blocking LGBTQ+ protections. No rational basis—motivated by animus.

United States v. Windsor (2013)

Struck down federal DOMA; federal gov't must recognize same-sex marriages approved by states. Violated 5th Amendment.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide under Equal Protection and Due Process. Marriage = fundamental right.

Masterpiece Cakeshop v. Colorado (2018)

Ruled narrowly for baker due to religious hostility by Colorado commission. Did not broadly legalize LGBTQ+ discrimination.

Fulton v. Philadelphia (2021)

City violated Free Exercise Clause by ending foster contract with Catholic agency. Law not generally applicable.

Bostock v. Clayton County (2020)

Title VII protects LGBTQ+ employees. Discrimination “because of sex” includes sexual orientation and gender identity.

303 Creative LLC v. Elenis (2023)

Web designer refused same-sex wedding services. Court ruled for her on Free Speech grounds—can’t compel expressive conduct.

San Antonio v. Rodriguez (1973)

Education is not a fundamental right. Wealth is not a suspect class. School funding inequality upheld under rational basis.

Plyler v. Doe (1982)

Struck down Texas law denying education to undocumented children. Not suspect class, but law failed intermediate scrutiny.

Saenz v. Roe (1999)

Struck down California law limiting welfare for new residents. Violated right to travel under Privileges or Immunities Clause.

City of Grants Pass v. Johnson (2024)

Upheld ban on public camping. Law punished conduct (not status). Did not violate Eighth Amendment.

United States v. Miller (1939)

Second Amendment tied to militia purpose. No right to sawed-off shotgun—no militia connection shown.

District of Columbia v. Heller (2008)

Recognized individual right to bear arms for self-defense in federal jurisdictions. Invalidated DC handgun ban.

McDonald v. City of Chicago (2010)

Applied Heller to states via Due Process Clause. Incorporated Second Amendment.

NYS Rifle & Pistol Ass'n v. Bruen (2022)

Struck down NY concealed carry law. Created “text and historical tradition” test for gun regulations.

United States v. Rahimi (2024)

Upheld ban on firearm possession for those under domestic violence orders. Historical tradition supports disarming dangerous individuals.

Loving → Obergefell

Marriage rights progression; interracial to LGBTQ+ rights

Bowers → Lawrence → Obergefell

Denied privacy to LGBTQ+ couples [upheld law banning sodomy] → Established right to privacy within relations → LGBTQ+ marital rights [marriage = fundamental right]

Masterpiece → Fulton → 303 Creative

Shows shift from narrow Free Exercise claims to broader Free Speech protection for religious refusals in public accommodations.

Rodriguez → Plyler

Upheld school funding inequality [rational basis review] → Struck down education denial to undocumented kids [intermediate scrutiny]

Miller → Heller → McDonald → Bruen → Rahimi

Well-regulated militia interpretation → Individual 2nd Amendment right recognized [federally] → Incorporated within states → Broad public carry rights protected → Limits for dangerous individuals