Publication Date
12-2001
Journal
UCLA Law Review
Abstract
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better ways to make the case for lesbian and gay rights.
Volume
49
First Page
471
Publisher
UCLA School of Law
Disciplines
Civil Rights and Discrimination | Housing Law | Labor and Employment Law | Law | Law and Gender | Law and Society | Sexuality and the Law
Recommended Citation
Edward Stein,
Evaluating the Sex Discrimination Argument for Lesbian and Gay Rights,
49
UCLA L. Rev.
471
(2001).
https://larc.cardozo.yu.edu/faculty-articles/608
Included in
Civil Rights and Discrimination Commons, Housing Law Commons, Labor and Employment Law Commons, Law and Gender Commons, Law and Society Commons, Sexuality and the Law Commons
