The Miscegenation Analogy: Sodomy Law as Sex Discrimination
20 Pages Posted: 23 Dec 2020
Date Written: January 1, 1988
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: Suggested Citation