Black, Latino, and gay people must conform their identities to what the court demands. Individuals making religious identity claims can deploy them to harm others with minimal scrutiny.
Coming out as gay can be hard, even with a supportive family. It involves laying claim to a multifaceted, ever-changing identity. My crush on an oblivious college classmate, my timid first steps into a New York gay bar, the briefs I have filed to defend LGBTQ+ rights, the teaching I do as a law professor—these threads that I share with so many in my community come together to form a complex gay identity that is unique to me. My gay identity is no less complicated than my racial one.
The justifications for both decisions turned heavily on questions of identity. In the affirmative action case, the court criticized the imprecision of the identity categories the universities allegedly used to make their decisions. A century ago,that a soldier from India who enlisted to fight for the United States in World War I did not count as Caucasian. Because the law allowed only white people to immigrate, he could not become a citizen.
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