Title

Unlawful Genders

Publication Title

Law & Contemporary Problems

Document Type

Article

Publication Date

2022

Abstract

Professor Kreis critiques Bostock v. Clayton County for its neglect to expressly embrace an anti-stereotyping principle, which would have more fully revealed the interconnected relationship between discrimination against women and LGBTQ people. He is concerned that the formalistic focus on sex as a textual matter obscured the historical regulation of gender roles meant to oppress both women and sexual minorities. Professor Kreis argues that courts should revisit this more closely in the constitutional law space and analyze LGBTQ-related constitutional claims as sex discrimination.

Comments

External Links

Westlaw

SSRN

Recommended Citation

Anthony Michael Kreis, Unlawful Genders, Law & Contemp. Probs. 103 (2022)

Volume

85

First Page

103

Last Page

126

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