Under 21 v. City of New York

OPINION OF THE COURT

David B. Saxe, J.

A. INTRODUCTION

An individual’s freedom of opportunity to work and earn a living has been recognized as a fundamental liberty. (Truax v *631Raich, 239 US 33, 41.) Discrimination in employment affects not only the sharing in certain tangible benefits of being an American citizen, but also an individual’s ability to provide decently for himself and his family in a job or profession for which he is qualified (Culpepper v Reynolds Metal Co., 421 F2d 888, 891).

For too long a time, homosexuals have been the victims of this type of discrimination. As a result, an…