Evaluating the Sex Discrimination Argument for Lesbian and Gay Rights

49 Pages Posted: 29 Jan 2002 Last revised: 24 Mar 2015

Edward Stein

Yeshiva University - Benjamin N. Cardozo School of Law

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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 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.

Suggested Citation

Stein, Edward, Evaluating the Sex Discrimination Argument for Lesbian and Gay Rights. UCLA Law Review, Vol. 49, December 2001. Available at SSRN: https://ssrn.com/abstract=296300 or http://dx.doi.org/10.2139/ssrn.296300

Edward Stein (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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