This seminar addresses several aspects of sex and gender as interpreted in United States Constitutional law.
We begin the course with an introductory unit on the concept of the Constitutional right to privacy as established by the United States Supreme Court. Then we examine how that right has been interpreted to apply to intimacy and sexual activity.
We then begin our second unit on the history of sodomy laws in the United States, which culminates in the landmark Lawrence v Texas ruling of 2006.
Our third unit of the course examines the history of same-sex marriage in the United States. In this unit, we examine the history of same-sex marriage debates in U.S. politics and law. We then examine the 2015 Supreme Court case, Obergefell v Hodges, in which the Roberts Court struck down state bans on same-sex marriage. Then, we will attempt to contrast Obergefell against two subsequent cases in which the Roberts Court upheld the ability of wedding service companies to deny their services to same-sex couples based on interpretations of first amendment free speech and religious rights.
Our fourth and final unit analyzes a new avenue of LGBTQ+ issues in Constitutional law, transgender rights, notably protections in the workplace, an issue the Supreme Court recently decided on in 2020 in Bostock v Clayton County. In this final section, we examine current issues surrounding transgender rights at both the state and federal levels and discuss the potential future of Bostock’s impact.
No prior law courses are required to participate.