(a) Being a protected class only changes the level of scrutiny applied to the case. Not being a suspect class simply means that you get to use lowest standard,

(a) Being a protected class only changes the level of scrutiny applied to the case. Not being a suspect class simply means that you get to use lowest standard, which is "Rational Basis." (b) Most people being called Nazis are not Nazis. Rational Basis is a fairly easy standard to meet, but if your only rationale is "he's a Nazi" and he's not actually a Nazi, then you have no rational basis for discrimination.