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Discrimination Under A Description, Patrick S. Shin
Discrimination Under A Description, Patrick S. Shin
Georgia Law Review
Discrimination Under a Description .......................... Patrick S. Shin 1
In debates about the permissibility of certain kinds of
differential treatment, our judgments often seem to depend
on how to conduct in question is described. For example,
legal prohibitions on same-sex marriage seem clearly
impermissible insofar as they can be described as a form of
sex discrimination, less clearly so, at least under federal
law, if described simply as sexual-orientation
discrimination, and arguably not discriminatory at all
insofar as they constitute a universally imposed disability
on marryingwithin one's own sex. It seems, in other words,
that the prohibitionof same-sex marriage constitutes …