Chapter

The Sex Discrimination Argument, and Objections

in The Gay Rights Question in Contemporary American Law

Published by University of Chicago Press

Published in print July 2002 | ISBN: 9780226451008
Published online March 2013 | e-ISBN: 9780226451039 | DOI: http://dx.doi.org/10.7208/chicago/9780226451039.003.0004
The Sex Discrimination Argument, and Objections

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The sex discrimination argument has usually been rejected by the courts, but this does not distinguish it from any other argument that has been made on behalf of gays. The rule of law is always an aspiration, never perfectly realized. Courts have for a long time been predisposed to reject claims made by gay people regardless of their merits. The sex discrimination argument has an important analytic strength, particularly when one compares it to the other arguments that are available. The equal protection argument for judicial protection of gays as such is supported by the long history of anti-gay discrimination, but the indeterminacy of equal protection doctrine makes this strategy an uncertain one. The privacy argument is even less certain, since it is most unclear how we can determine whether any particular conduct is protected by it.

Keywords: sex discrimination; gays; anti-gay discrimination; equal protection doctrine; privacy argument

Chapter.  8089 words. 

Subjects: Constitutional and Administrative Law

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