(DOWNLOAD) "Re-Orienting the Sex Discrimination Argument for Gay Rights After Lawrence V. Texas." by Columbia Journal of Gender and Law # eBook PDF Kindle ePub Free
eBook details
- Title: Re-Orienting the Sex Discrimination Argument for Gay Rights After Lawrence V. Texas.
- Author : Columbia Journal of Gender and Law
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 338 KB
Description
"Heightened equal protection scrutiny is appropriate for laws like Section 21.06 that use a sexual-orientation-based classification. It is also appropriate where, as here, the law employs a gender-based classification to discriminate against gay people." (1) This claim of sex discrimination in the petitioners' brief in Lawrence v. Texas, (2) a case about criminalized homosexual sodomy, must seem quite out of place to some. (3) Respondents simply belittled its importance in their reply. (4) They chose not to address the extensive argument that the National Organization for Women (NOW) briefed defending sex discrimination. (5) They also did not consider the dissent in the Texas Court below, which similarly relied on a sex discrimination argument. (6) In fact, the sex discrimination argument in Lawrence was far more than a footnote. But the respondents devoted their attention to sexual orientation claims instead. (7) The Supreme Court did, too. (8)