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Under U.S. constitutional law, a “minimum rational basis” test is used in the context of homosexuality: the government’s aim must be legitimate, and the means must be rationally related to this aim. Romer v. Evans, 517 U.S. 620 (1996) (invalidating under rational basis test state constitutional amendment barring government agencies from adopting rules or policies that provide homosexual, lesbian, and bisexual classes protection against discrimination).

Note that Article 21 of Charter of Fundamental Rights of the European Union prohibits discrimination on the basis of disability. Is this an emerging customary international legal norm? Has the United States accepted the norm by adopting the Americans with Disabilities Act?

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