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144 U. Pa. L. Rev. 1 (1995-1996)
Central Mistake of Sex Discrimination Law: The Disaggregation of Sex from Gender

handle is hein.journals/pnlr144 and id is 25 raw text is: University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 144 NovEBER 1995 No. 1 ARTICLES THE CENTRAL MISTAKE OF SEX DISCRIMINATION LAW: THE DISAGGREGATION OF SEX FROM GENDER KATHERINE M. FRANKEt INTRODUCTION Contemporary sex discrimination jurisprudence accepts as one of its foundational premises the notion that sex and gender are two distinct aspects of human identity. That is, it assumes that the identities male and female are different from the characteristics masculine and feminine. Sex is regarded as a product of nature, while gender is understood as a function of culture. This disaggre- t Assistant Professor of Law, University of Arizona College of Law; J.S.D. Candidate, Yale University; LL.M., 1993, Yale University; J.D., 1986, Northeastern University. My thanks for comments and support to Martha Fineman and members of the Feminist Legal Theory 1994 Summer Conference: Direction and Distortion: The Centrality of Sexuality in the Shaping of Feminist Theory, at which I presented an earlier version of this Article. I also appreciate editorial comments from Linda McClain, Tracy Higgins, Mary Ann Case, Sylvia Law, and Bruce Ackerman. I am indebted to my research assistants, Maria Avilez andJill Harrison, for their hard work and toJulie Goldscheid andJudith Miller for their tremendous editorial work and substantive comments.

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