Course Description



This course explores the intersection of the law with sexuality and gender identity. Approximately one half of the course will focus on government regulation of, recognition of and discrimination on the basis of sexuality and gender identity. This portion of the course will focus on advanced federal and state constitutional law topics including Equal Protection, Substantive Due Process and First Amendment claims, as they pertain to diverse areas such as same-sex marriage recognition, anti-sodomy laws, and the exclusion of Lesbian/Gay/Bisexual/Transgender (“LGBT”) individuals from the military. The remainder of the course will focus on other (non-constitutional) areas in which members of the LGBT community have attempted to secure legal rights, including employment, child custody and public accommodations. Although this is primarily a doctrinal class, we will also focus significantly on exploring the strategic and normative questions that arise in the context of a social movement’s effort to harness litigation as a tool for achieving equality.