- The group has historically been discriminated against, and/or have been subject to prejudice, hostility, and/or stigma, perhaps due, at least in part, to stereotypes.
- The group is a "discrete" or "insular" minority.
- They possess an immutable and/or highly visible trait.
- They are powerless to protect themselves via the political process. (In this case, they are subject to the tyranny of the majority.)
(http://en.wikipedia.org/wiki/Suspect_classification)
It will be interesting to see what happens when this reaches the Supreme Court.
It reminds me of how "don't ask don't tell" seems fairly reasonable until I imagine a bunch of soldiers away from home sitting around together, waiting for things (which they do an awful lot). Then I try to imagine navigating hundreds or thousands of hours of those conversations while somehow avoiding revealing my sexuality.