Id. at 273, 99 S.Ct. 2282. A law that does not burden a protected class is subject to a lower standard of review and need only “bear[ ] a rational relationship to some legitimate end.” Romer, 517 U.S. at 631, 116 S.Ct. 1620. The Ninth Circuit has held that gay men and lesbians do not constitute a suspect or quasi-suspect class. High Tech Gays v. Def. Indus. Sec. Clearance Office, 895 F.2d 563, 574 (9th Cir.1990). Ninth Circuit panels have continued to utilize the rational basis standard applied in High Tech Gays, even after the Supreme Court’s decisions in Romer, 517 U.S. at 620, 116 S.Ct. 1620, and Lawrence, 539 U.S. at 577, 123 S.Ct. 2472, which invalidated certain legislative enactments burdening gay men and lesbians. See e.g., Philips v. Perry, 106 F.3d 1420, 1425 (9th Cir.1997) (<HOLDING>); Witt v. Dep’t of Air Force, 527 F.3d 806, 821
holding that high tech gays was controlling and rejecting request by amici curiae to apply strict scrutiny holding that strict compliance is not required holding that strict scrutiny applies holding that strict scrutiny is the appropriate standard of review for racial classifications even in the prison context recognizing that strict scrutiny applies to facial discrimination against a suspect class