Characteristics of a Suspect Class
(1) The group discriminated against has suffered from a history of
past discrimination;
(2) The trait that is the basis for the discrimination generally
bears no relationship to a person's ability
to contribute to society;
(3) The trait shared by the members of the class is often singled
out to reinforce prejudice against the
group or label the group as inferior;
(4) The group discriminated against is politically powerless by
its numbers in the
population, by under-representation in government, or by its
inability
to influence the legislative agenda;
(5) The trait shared by the group is a distinct trait; and
(6) The trait that is the basis for the discrimination is an
immutable or unalterable characteristic, or one over
which its members have little or no
control, or is a trait that is
central to personal identity.