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Description

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.

Publication Date

12-2001

Volume

49

Publisher

UCLA Law Review

First Page

471

Disciplines

Civil Rights and Discrimination | Housing Law | Labor and Employment Law | Law | Law and Gender | Law and Society | Sexuality and the Law

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