In her provocative recent book, Split Decisions, Janet Halley argues that left political movements have suffered from a “convergentist” assumption: They assume that forms of critique or intervention that serve the interest of one group, for example...
This Article interrogates the sexual morality of Equal Protection. Gender equality jurisprudence reveals the unacknowledged influence of a traditional, heteronormative conception of sexual morality—the sexual double standard—that often sets the...
This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex...
Critics of litigation seeking to establish the right of same-sex couples to marry argue that it has produced a backlash undercutting the movement for marriage equality. In this account, movement lawyers emerge as agents of backlash: naively turning...
Sexuality, gender, and the law now constitutes an important field of legal inquiry and scholarship. This Article traces the evolution of the “big idea” in this area: Contrary to natural law assumptions, the nation is moving decisively toward the...
As once-accepted empirical justifications for discriminating against lesbians and gay men have fallen away, the major stumbling block to equality lies in a set of intuitions, impulses, and so-called common sense views regarding sexual orientation...