The Miscegenation Analogy: Sodomy Law as Sex Discrimination

20 Pages Posted: 23 Dec 2020

Date Written: January 1, 1988

Abstract

This paper argues that laws that criminalize homosexual sex are unconstitutional sex discrimination. This student note first made the argument, accepted decades later by the Supreme Court in Bostock v. Clayton County, that discrimination against gay people is necessarily illegal sex discrimination.

Keywords: sodomy law, sex discrimination

JEL Classification: K10, K30

Suggested Citation

Koppelman, Andrew M., The Miscegenation Analogy: Sodomy Law as Sex Discrimination (January 1, 1988). Northwestern Public Law Research Paper, 98 Yale L. J. 145 (1988), Available at SSRN: https://ssrn.com/abstract=3752970

Andrew M. Koppelman (Contact Author)

Northwestern University School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)

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