Legal Question in Constitutional Law in California
Hi there. What one have to do to fight to be recognized a "protected class". If I was interested in opening up a class action laws suit because my genetics do not accept medicine or food in a normal way, can I sue to be recognized? If I cannot sue to be recognized, can I at least find a way in which I can decline medication or medical intervention? I understand that it is my right, but I have seen where this right has been question and has not been honored.
1 Answer from Attorneys
I'm not sure what you're asking. How your body processes food or drugs is a medical issue, not a legal one. You also haven't explained why you face medical intervention in the first place. Ordinarily, a competent adult has the right to decline any medicine or treatment he or she doesn't want, though your healthcare provider will first have to make sure you understand the risk you would be taking. That is a right we all have as individuals; it has nothing to do with what groups we might be part of.
In constitutional law (the category you chose for this question), "protected class" refers to groups who often face discrimination due to race, religion, ethnicity, gender, etc. Discrimination is what those classes are protected from. The concept has nothing to do with how your body processes food or drugs unless it's a genetic trait that you share with a racial or ethnic group that you're part of. Even then, it would only come into play if your membership in a protected racial or ethnic group is the reason you're not getting what you need.
Finally, class-action lawsuits and protected classes are entirely different concepts even though "class" is part of both their names. Some class-action lawsuits allege illegal discrimination, but the large majority don't. Those cases have nothing to do with the concept of protected classes.
I hope this is helpful. Good luck.