•  
  •  
 

Authors

Alec D. Guy

Abstract

Over one million Americans are married to someone of the same sex. Although the United States Supreme Court guaranteed the fundamental right of marriage to same-sex couples in 2015, these individuals can still be denied housing or fired from their dream job after getting legally married. For much of history, gay individuals have not been protected by the law, both statutorily and constitutionally. Private individuals are generally still free to discriminate against gay people today because federal statutes rarely prohibit discrimination based on sexual orientation. Consequently, many have argued that sexual orientation discrimination constitutes unlawful discrimination based on sex. Until recently, these arguments were summarily dismissed, as nearly all federal circuit courts held sexual orientation is not a protected class. Some courts, however, have revisited precedent and held that discrimination based on sexual orientation constitutes unlawful sex discrimination.

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.