Law Commons^™

Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald

Marybeth Herald

Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.

It is not surprising then that when the validity of even the basic categories …

Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman

Marybeth Herald

n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.

Although …

The Future Of Sodomy, Libby Adler

Libby S. Adler

This article is based on a talk given at the plenary session on Lawrence v. Texas at the 2003 Lavender Law Conference held at Fordham Law School. It takes its cue from Justice Holmes that law is about prediction, and scours Lawrence for indications about sodomy’s future. Specifically, what in Lawrence might benefit sex? What in Lawrence might confirm or disrupt hetero- and homosexual identities? This article celebrates Lawrence as a victory, but cautions against ignoring a handful of danger signs for sexual practices and categories.