Professor of Law
Katie Eyer
Rutgers Law School
217 N 5th St
Camden, NJ 08102

Katie Eyer is an anti-discrimination law teacher, scholar and litigator.  Her award-winning scholarship draws on legal history and social psychology to illuminate contemporary debates in anti-discrimination law and theory.  Prior to entering academia, Professor Eyer litigated precedent-setting cases on behalf of LGBT and disabled employees.

  • Biography
  • Publications
  • Courses Taught
  • Expertise

Katie Eyer is an anti-discrimination law scholar, teacher and litigator.  She is a leading expert on LGBT employment rights and on social movements' use of rational basis review to generate constitutional change.  Her scholarship also explores the implications of history and social psychology for contemporary debates in anti-discrimination law and constitutional law across an array of other contexts.  Her work has appeared or is forthcoming in journals such as the Yale Law Journal, the University of Pennsylvania Law Review, the Wake Forest Law Review, the Minnesota Law Review, the UC Davis Law Review, the Notre Dame Law Review, and the Harvard Civil Rights-Civil Liberties Law Review. 

Professor Eyer has been recognized at the national, university and local level for her scholarship, teaching, service, and work as a litigator. Most recently, Professor Eyer was voted Professor of the Year (Camden location) and elected to the American Law Institute.

Prior to coming to Rutgers, Professor Eyer was a Research Scholar and Lecturer at the University of Pennsylvania, where she conducted research in conjunction with the Alice Paul Center for Research on Women, Gender and Sexuality and taught Disability Law.  Professor Eyer also litigated civil rights cases prior to entering academia full time, and secured a number of precedents expanding the legal rights of LGBT and disabled employees.  From 2005-2007, she was a Skadden Fellow at Equality Advocates Pennsylvania, where she launched their employment rights project, providing direct legal services and engaging in impact litigation on behalf of LGBT employees.

Professor Eyer clerked for the Hon. Guido Calabresi in 2004-2005, and was a plaintiff-side anti-discrimination litigator with the private firm of Salmanson Goldshaw, PC from 2007-2012.


Claiming Disability, 101 B.U. L. Rev. __ (2021) (forthcoming).

Irrational Inequality: The Role of Fact-Based Review in Equality Change, 73 Vand. L. Rev. En Banc 177 (2020).

The Return of the Technical McDonnell Douglas Paradigm, 94 Wash. L. Rev. 967 (2019).

The New Jim Crow is the Old Jim Crow, 128 Yale L. J. 1002 (2019) (review essay).

Statutory Originalism and LGBT Rights, 54 Wake Forest L. Rev. 63 (2019).

Animus Trouble, 48 Stetson L. Rev. 215 (2019) (symposium article).

The Canon of Rational Basis Review, 93 Notre Dame L. Rev. 1317 (2018).

A Casebook Section Companion to The Canon of Rational Basis Review (2018).

Sex Discrimination Law and LGBT Equality, American Constitution Society Issue Brief (2017).

Protected Class Rational Basis Review, 95 North Carolina L. Rev. 975 (2017).

The Declaration of Independence as Bellwether, 89 S.Cal. L. Rev. 427 (2016) (symposium article).

Ideological Drift and the Forgotten History of Intent, 51 Harv. C.R.-C.L. L. Rev. 1 (2016) (reviewed by Helen Norton on JOTWELL here).

Lesbian, Gay, Bisexual, and Transgender Employees in Legal Issues Affecting Gay, Lesbian, Bisexual and Transgender Clients (PBI Press 2008, 2d ed. 2012, 3d ed. 2016) (earlier version published in 2006 as an ACS White Paper).

Brown, Not Loving: Obergefell and the Unfinished Business of Formal Equality, 125 Yale L. J. F. 1 (2015).

Constitutional Crossroads and the Canon of Rational Basis Review, 48 U.C. Davis. L. Rev. 527 (2014) (symposium article).

Constitutional Colorblindness and the Family, 162 U. Pa. L. Rev. 537 (2014) (awarded Honorable Mention in the 2013 AALS Scholarly Papers Competition). 

Lower Court Popular Constitutionalism, 123 Yale. L. J. Online 197 (2013).

Marriage This Term: On Liberty and the "New Equal Protection", 60 UCLA L. Rev. Disc. 2 (2012). 

That’s Not Discrimination: American Beliefs and the Limits of Anti-Discrimination Law, 96 Minn. L. Rev. 1275 (2012) (reviewed by Charles Sullivan on JOTWELL here).

Have We Arrived Yet? LGBT Rights and the Limits of Formal Equality, 19 Law & Sexuality 159 (2010) (selected for publication by a peer-review panel of the AALS Section on Sexual Orientation and Gender Identity Issues).

Administrative Adjudication and the Rule of Law, 60 Admin. L. Rev. 647 (2008).

Note, Rehabilitation Act Redux, 23 Yale L. & Pol’y Rev. 271 (2005).

Litigating for Treatment: The Use of State Laws and Constitutions in Obtaining Treatment Rights for Individuals with Mental Illness, 28 N.Y.U. Rev. L. & Soc. Change 1 (2003).

Case Note, Related Within the Second Degree? Burns v. Burns and the Potential Benefits of Civil Union Status, 20 Yale L. & Pol’y Rev. 297 (2002).


  • Civil Rights
  • Constitutional Litigation
  • Civil Procedure
  • Civil Rights & Civil Liberties
  • Constitutional Law
  • Employment Discrimination