Sex-Discrimination Law and Equivalent Rights

Sex-Discrimination Law and Equivalent Rights

I want to suggest that we should understand the wrong in sex discrimination as the imposing of a law of gender identity on lived possibilities—whether those oppressed are women who seek to be truck drivers or prison guards or homosexual men who want to be fathers or to have access to desperately needed medical treatment such as AZT. Under current sex-discrimination law, as conventionally interpreted,’ the wrong of discrimination is that a universal standard is imposed on an individual who does not match that universal. I will argue that this interpretation is insufficiently inclusive of what should be considered sex discrimination. Second, I will advocate a program of equivalent rights that allows us to respect diversity and different lifestyles and, by so doing, will challenge the reigning doctrine of discrimination employed by the Supreme Court.

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Lima