In determining whether a class is suspect,
quasi-suspect, or nonsuspect, the Supreme Court has focused on a
number of class attributes including:
(1) whether the group singled out has suffered from a history of
discrimination;
(2) whether the trait generally bear no relationship to a person's
ability to contribute to society;
(3) whether the trait is often singled out to reinforce prejudice
against the group or label the group as inferior;
(4) whether the group is politically powerless by its numbers in
the population, by under-representation in government, or by its
inability to influence the legislative agenda; and
(5) whether the trait shared by the group is a distinct trait and
one that is an immutable or unalterable characteristic or a trait
central to personal identity.