This casebook offers professors and students a doctrinally
comprehensive, theoretically ambitious, and up-to-date exploration
of the treatment of sexuality and gender issues in American public
law. The Fifth Edition opens with the historically grounded first
chapter from earlier editions, which maps the three primary
constitutional themes of liberty, equality, and expression through
the end of the twentieth century. Throughout, the book fully
integrates the ramifications stemming from the latest court
decisions, including Dobbs v. Jackson Women's Health Organization
and new religious liberty decisions and debates. Highlights of the
Fifth Edition include: A probing of where the Court's turn in
recent years toward an equal liberty analysis stands in the wake of
Dobbs, including threats posed by the reversal of Roe v. Wade and
Planned Parenthood v. Casey to the doctrinal foundations of
Lawrence v. Texas and Obergefell v. Hodges. The increasing
prominence of the argument that discrimination against lesbian,
gay, bisexual, transgender and queer-identified persons constitutes
discrimination "because of sex," as recognized by the Supreme
Court's opinion in Bostock v. Clayton County, Georgia, interpreting
Title VII, and the related question of how Bostock will affect
interpretation of the Equal Protection Clause and other
antidiscrimination statutes. Increased coverage of how the First
Amendment and the Religious Freedom Restoration Act are being
deployed aggressively by the Supreme Court to carve out exemptions
and allowances for individuals, companies, and religious
institutions to discriminate against women and LGBTQ persons.
Examples include questions such as whether Fulton v. Philadelphia
limits or partially overrules Obergefell by requiring a government
program to discriminate against same-sex married couples and the
extent to which expansion of "the ministerial exception" undermines
workplace protections. The book's distinctive fourth chapter
introduces the student to natural law theory (which is on the
upswing in federal courts), feminist and other liberal theories,
and postmodern theories claiming that what many people treat as
inflexible and natural are actually contingent, socially
constructed, and dynamic. Increased coverage of issues related to
transgender people in a range of contexts, including custody and
visitation actions involving transgender parents or transgender
children, schools and the workplace, on athletic teams, in the
military, and in prisons. The Fifth Edition expands upon the book's
distinctive integration of sexuality and gender issues and
increases coverage of the racialization of these dynamics in
American law. From its first edition, this casebook has prioritized
inclusion of the perspectives of transgender and intersex persons,
as well as lesbians and straight women, gay men, and bisexuals of
different races and ethnicities. In addition to the opening
segments focused on constitutional law and theory, the remaining
chapters contain the most comprehensive and deepest coverage
available of sexuality and gender issues in the workplace, the
family, schools, the armed forces, and prisons.
General
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