Description

Sexuality Gender and the Law 5th Edition by William Eskridge Jr.

ISBN 9781685610869

This comprehensive and thought-provoking casebook offers a doctrinally rich, theoretically sophisticated, and up-to-date examination of how American public law addresses issues of sexuality and gender. Now in its Fifth Edition, the book continues to serve as an essential resource for courses on gender and the law, sexual orientation and the law, or broader constitutional rights courses with a focus on equality and liberty.

The book opens with a historically grounded chapter tracing the development of key constitutional principles—liberty, equality, and freedom of expression—through the late 20th century. It then explores contemporary developments with a focus on major shifts in constitutional doctrine, particularly in the wake of Dobbs v. Jackson Women’s Health Organization. The Fifth Edition assesses how the reversal of Roe and Casey could affect precedents such as Lawrence v. Texas and Obergefell v. Hodges, raising pressing questions about the future of substantive due process and equal liberty.

Significant attention is given to the Supreme Court’s interpretation of Title VII in Bostock v. Clayton County, recognizing discrimination against LGBTQ individuals as sex discrimination, and to the potential ripple effects on equal protection and statutory antidiscrimination protections. The book also expands its analysis of how the First Amendment and RFRA are increasingly invoked to justify religious exemptions from antidiscrimination laws, with special focus on cases like Fulton v. Philadelphia and the growing impact of the ministerial exception.

A hallmark of this casebook is its fourth chapter, which introduces students to natural law, feminist legal theory, and postmodern critiques—offering diverse frameworks for understanding how legal rules about gender and sexuality are constructed and contested.

The Fifth Edition deepens coverage of issues affecting transgender individuals across multiple contexts—including custody disputes, educational institutions, sports participation, military service, and incarceration—and further integrates analysis of race, ethnicity, and intersectionality throughout the materials.

With expansive coverage of gender and sexuality in the workplace, the family, schools, the military, and the criminal justice system, this casebook remains unmatched in its breadth, depth, and inclusive approach.

Sexuality Gender and the Law 5th Edition by William Eskridge Jr.
ISBN 9781685610869 & 978-1685610869