In 1987, the District Court determined that laws that treat homosexuals as a class must be reviewed under the federal courts' heightened scrutiny standard because homosexuals are a "quasi-suspect class", noting that Bowers v. Hardwick held that only that "under the due process clause lesbians and gay men have no fundamental right to engage in sodomy".
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2 - The United States Court of Appeals for the Ninth Circuit in High Tech Gays v. Defense Industrial Security Clearance Office uses rational basis review and rules that the federal government can deny security clearances to homosexuals.