Defending the sex discrimination argument for lesbian and gay rights: A reply to Edward Stein

Andrew M M Koppelman*

*Corresponding author for this work

    Research output: Contribution to journalReview articlepeer-review

    9 Scopus citations

    Abstract

    Edward Stein's is only the latest and most systematic of a growing number of criticisms of the sex discrimination argument, from the left and from the right. Stein's doctrinal objections to the argument misconceive the reach of present doctrine, which treats all sex-based classifications with deep suspicion. His empirical doubts misapprehend both the argument's claims and the enduring connections between heterosexism and sexism. His only persuasive claim is his moral objection, which argues that the sex discrimination argument ignores, and may render invisible, a central moral wrong of antigay discrimination. This is a profound moral difficulty, but it is one that is present in almost any legal argument, and perhaps in language as such. It therefore cannot be an objection against any particular argument.

    Original languageEnglish (US)
    Pages (from-to)519-538
    Number of pages20
    JournalUCLA Law Review
    Volume49
    Issue number2
    StatePublished - Dec 1 2001

    ASJC Scopus subject areas

    • Law

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