Sexuality, Gender, and the Law

This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition - establishing the three primary doctrinal strands of liberty, equality, and expression - through the end of the twentieth century. The second chapter focuses on the turning points that now define the field:The post-Roe "undue burden" standard as it has evolved from Planned Parenthood v. Casey to Whole Woman's Health v. Hellerstadt;The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; andThe legalization of same-sex marriage in Obergefell v. Hodges. Discrimination against women and against trans- and non-binary persons is highlighted throughout the book, from the historical chapter through the most contemporary disputes