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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.
In contrast, the First Circuit held in Cook v. Gates, 528 F.3d 42 (1st Cir. 2008), that heightened scrutiny applied to substantive due process sexual privacy challenges, as opposed to the rational basis review used by the 11th Circuit in Lofton.