Interesting discussion. As noted by one comment, the concept of "suspect" class is sort of out of date, but I'd note the various criteria pop up in various forms as in the SSM cases. The immediate question is technically open but it is better seen as a concern for various rights like voting or court access. As to why not, a mix of it not being "personal" as in part of one's being like race or sex and a general sentiment that it is okay to so classify up to a point.
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Thanks for your .02!