Evaluating the Sex Discrimination Argument for Lesbian and Gay Rights
Yeshiva University - Benjamin N. Cardozo School of Law
Cardozo Law School, Public Law Research Paper No. 43
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 cannot do, namely, have sex with women. This argument has been championed by some scholars and litigators and it has persuaded some judges. This article shows that there are sociological, theoretical, moral and practical problems facing the sex discrimination argument and suggests that there are better ways to make the case for gay rights.
Number of Pages in PDF File: 49Accepted Paper Series
Date posted: January 29, 2002 ; Last revised: October 13, 2011
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