 Judge Heyburn then notes that he can bypass answering this question.Instead, the judge finds that homosexual persons constitute a suspect class.Although Sixth Circuit precedent suggests that sexual orientation classifications do not receive heightened scrutiny, Heyburn prods the circuit court "to reconsider its view" as this precedent relied on "Bowers v. Hardwick", a Supreme Court case subsequently overturned as "not correct when it was decided, and it is not correct today."