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Sexuality And Civil Rights: Re-Imagining Anti-Discrimination Laws, Nan D. Hunter
Sexuality And Civil Rights: Re-Imagining Anti-Discrimination Laws, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this essay, I first describe the origins and current status of anti-discrimination laws that cover sexual orientation and/or gender identity. I examine the debates over whether existing laws are underutilized, and I analyze the variations in the structures of state and local laws that contribute to an unevenness in the patterns of utilization. These factors suggest that even persons living in states or local jurisdictions that already have anti-discrimination laws may lack meaningful mechanisms for redress. Part two raises the ante in my exploration of the relationship between sexuality and civil rights laws by asking whether there are ways …
Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum
Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
A few gay rights theorists have long pointed out that discrimination on the basis of sexual orientation can be conceived of as discrimination based on sex. But those of us who play primarily in the legislative or litigation arenas have largely ignored the practical applications of that insight. In this brief essay, I want to consider whether it makes sense for gay rights legislative advocates and litigators to continue to downplay the gender non-conformity aspects of gay sexual orientation . . . the first part of this essay reviews activities that occurred between 1993 and 2001 regarding coverage of gender …