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Antonin Scalia wrote the lead opinion, declaring that "political affiliation is not an immutable characteristic, but may shift from one election to the next; and even within a given election, not all voters follow the party line.
In a 1973 sex-discrimination case (litigated by Ruth Bader Ginsburg, who was then a lawyer for the A.C.L.U ., Justice William Brennan wrote that "sex, like race, is an immutable characteristic determined solely by the accident of birth".
With this momentous shift, America once again reaffirms its core values of equality and respect — values predicated upon a person's capabilities and demonstrated competence, not an immutable characteristic like gender.
Some care is called for here: Political ideology is not an immutable characteristic, and some people who called themselves conservative in 2010 might have called themselves moderate in 2008.
They will also try to convince the Court that sexual orientation is a suspect classification, and that gays and lesbians have been subject to a history of discrimination, are defined by an immutable characteristic that "bears no relation to their ability to perform or contribute to society," and are "politically powerless," in this case, to win marriage equality.
That the Boy Scouts can now legally exercise this right on the basis of an immutable characteristic like sexual orientation should concern rather than comfort people and should inform the next round of debate over the extent to which this particular group is worthy of public support.
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Gays, lesbians, bisexuals and transgender people share a common "immutable" characteristic because their sexual orientation is fundamental to who they are and they have indisputably been discriminated against.
It is an immutable feature of being human.
Their gender identity is not a transient or ephemeral characteristic, but a likely innate and immutable characteristic, emerging from their particular brain structure.
So it's not as if the problem stems from an immutable American characteristic.
It explicitly legalizes discrimination if it is motivated by one of three beliefs: that marriage is a union between one man and one woman, that sexual relations can take place only within such a marriage, and that gender is an immutable biological characteristic.
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