10.2190/1YNU-46M6-F4U8-1T81 1YNU46M6F4U81T81 2 The Forgotten Minority—Sexual Preference as a Protected Class Under Title VII? 15 28 20020509 20020509 20020509 20020509 1YNU46M6F4U81T81.pdf http://baywood.metapress.com/link.asp?target=contribution&id=1YNU46M6F4U81T81 1 William T. Krizner Florida State College of Law Gay Americans do not enjoy the same rights offered to heterosexual Americans. Gay Americans have been discriminated against in the areas of marriage, housing, military privileges, and employment rights. Although the federal government has historically protected minority groups from private discrimination, both Congress and the federal judiciary have refused to provide similar protection to Gay Americans. The reason for the federal government's failure to protect Gay Americans currently remains unclear. This project reviews and then rejects various theories which attempt to justify the government's failure to expand federal discrimination statutes to protect Gay Americans. After recognizing that each of these theories fails to offer support for the lack of federal legislation, the Supreme Court should make efforts to extend its recent holding in <i>Oncale v. Sundowner</i> and allow Gay Americans protected status under Title VII of the Civil Rights Act of 1964.