The immutability factor is possibly the most disputed of the four factors of the Frontiero test, a test laid out by the Supreme Court to identify suspect classifications. Doctors and scientists have spent years studying sexual orientation, attempting to find the cause of homosexuality in order to determine whether or not sexual orientation may be changed. Unfortunately, the many studies have not provided a definitive answer to the question of immutability. This Note considers many of the psychological, hormonal, and more recent genetic studies and determines what the medical and scientific evidence means for homosexuals in their pursuit for equal protection. More specifically, this Note considers whether the medical and scientific studies published to date prove that sexual orientation is an immutable trait.
Note, Equal Protection for Homosexuals: Why the Immutability Argument Is Necessary and How It Is Met, 53 Clev. St. L. Rev. 545 (2005-2006)