Unlawful Genders

24 Pages Posted: 8 Jul 2021 Last revised: 22 Feb 2022

See all articles by Anthony Michael Kreis

Anthony Michael Kreis

Georgia State University - College of Law

Date Written: 2022


Professor Kreis critiques Bostock v. Clayton County for its neglect to expressly embrace an anti-stereotyping principle, which would have more fully revealed the interconnected relationship between discrimination against women and LGBTQ people. He is concerned that the formalistic focus on sex as a textual matter obscured the historical regulation of gender roles meant to oppress both women and sexual minorities. Professor Kreis argues that courts should revisit this more closely in the constitutional law space and analyze LGBTQ-related constitutional claims as sex discrimination.

Keywords: Sex discrimination, constitutional law, gender, statutory interpretation, employment discrimination

Suggested Citation

Kreis, Anthony Michael, Unlawful Genders (2022). Law and Contemporary Problems (2022)., Available at SSRN: https://ssrn.com/abstract=3875489

Anthony Michael Kreis (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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