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69 N.Y.U. L. Rev. 197 (1994)
Why Discrimination against Lesbians and Gay Men Is Sex Discrimination

handle is hein.journals/nylr69 and id is 201 raw text is: NEW YORK UNIVERSITY LAW REVIEW VoLuME 69 MAY 1994 NUMBER 2 WHY DISCRIMINATION AGAINST LESBIANS AND GAY MEN IS SEX DISCRIMINATION ANDREnw KOPPELMAN* Most efforts to secure constitutional protection for lesbians and gay men against discrimination have unsuccessfully employed privacy and suspect classification ar- guments. In this Article, Professor Koppelman approaches the issue from a novel * Fellow, Program in Ethics and the Professions, Harvard University; Assistant Profes- sor, Department of Politics, Princeton University (on leave 1994-95). Law clerk, Chief Justice Ellen Ash Peters, Connecticut Supreme Court, 1991-92; member, New York and Connecticut Bars. A.B., 1979, University of Chicago; J.D., 1989, Ph.D. (Political Science), 1991, Yale University. Thanks to Bruce Ackerman, Akhil Amar, Peter Appel, Mary Becker, John Boswell, Shelley Burtt, George Chauncey, Larry Garvin, Janet Halley, Hen- drik Hartog, Gregory Herek, Karen Holt, Samuel Johnson, Rogan Kersh, Nancy Koppel- man, Ruby Koppelman, Sylvia Law, Marion Levy, Richard Mohr, Nina Morais, Madeline Morris, Walter Murphy, Peggy Pascoe, Robert Pushaw, Eva Saks, Anna Seleny, Rogers Smith, Steven Smith, Cass Sunstein, Randolph Trumbach, and audiences at the 1993 meet- ings of the California and Rocky Mountain American Studies Associations, the American Political Science Association, and the Northeastern Political Science Association, the Stonewall at 25 conference at the Harvard Law School, the Princeton legal theory reading group, and the Indiana University, Bloomington School of Law faculty workshop, for help- ful comments on earlier drafts. James W. Bailey, Nancy Davis, and Hawley Russell also offered insightful comments and valuable research assistance. Special thanks to Dan Foley, Evan Wolfson, and Carl Varady for their help. Special thanks also to Eva Saks, since this project would never have gotten off the ground without her willingness to share with me her large collection of materials on miscegenation law. Financial support was provided by the Center for the Study of Law, Economics, and Public Policy, Yale Law School; the National Endowment for the Humanities; and the Princeton University Committee on Re- search in the Humanities and Social Sciences. This Article is adapted in part from my Antidiscrimination Law and Social Equality (forthcoming), an earlier version of which was awarded the American Political Science Association's 1993 Edward S. Corwin Award for best dissertation in the field of public law. Parts of this Article describe litigation that was continuing as it went to press. See notes 26, 35, 42, 287-90, 301 infra. These descriptions are up to date as of December 27, 1994. This Article is dedicated to my sister, Kitty. 197 Imaged with the Permission of N.Y.U. Law Review

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