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

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

Purchase Short-Term Access to HeinOnline

Prices starting as low as $29.95

Already a Subscriber?

What Is HeinOnline?

Learn More About the Law Journal Library (pdf)

We also offer annual subscriptions to universities, colleges, law firms, organizations, and other institutions. To request a quote please visit http://home.heinonline.org/subscriptions/request-a-quote/

Please note: the content in the Law Journal Library is constantly changing and some content has restrictions as required per the license. Therefore, please review the available content via the following link to ensure the material you wish to access is included in the database. For a complete list of content included in the Law Journal Library, please view http://www.heinonline.org/HOL/CSV.csv?index=journals&collection=journals