This seminar explores the ways in which American constitutional and statutory law constructs and regulates sexuality and gender. Topics covered will include the appropriate level of judicial review for sexual orientation and gender identity classifications and (2) the extent to which discrimination on either basis constitutes discrimination “because of sex” under the Equal Protection Clause and Title VII of the Civil Rights Act of 1964. We will also explore discrimination in healthcare, education, and public accommodations. We will evaluate the invocation of first amendment protections in the struggle for and against LGBTQ equality. Students are expected to participate actively in each week’s discussion, to submit periodic reading questions, and to complete original research which may take the form of a law story in the model of the Law Stories Series from West Academic Press or a traditional research paper.
Sepper, Elizabeth W.