Have We Arrived Yet? LGBT Rights and the Limits of Formal Equality

Abstract

Formal equality has been a hard-fought achievement for many historically oppressed groups; one that has resulted in the effectuation of radical social and legal change, but that has also been the subject of profound disappointments. In this essay, I address the limitations of formal equality and the implications of those limitations for the lesbian/gay/bisexual/transgender (LGBT) community. I argue that – as we increasingly move towards a regime of formal legal protections for LGBT individuals – gender and sexuality law scholars will need to pay increasing attention to the unique challenges of a formal equality regime. I conclude by providing initial thoughts on how to avoid some of the difficulties that other protected groups have faced as they transition to formal equality. This essay is forthcoming as part of a collection of essays in Law & Sexuality about the future of gender and sexuality law scholarship.

Keywords: Formal Equality, Discrimination, Civil Rights, Sexuality, Gender