This casebook offers professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender issues in American public law. The Fifth Edition opens with the historically grounded first chapter from earlier editions, which maps the three primary constitutional themes of liberty, equality, and expression through the end of the twentieth century. Throughout, the book fully integrates the ramifications stemming from the latest court decisions, including Dobbs v. Jackson Women’s Health Organization and new religious liberty decisions and debates.

Highlights of the Fifth Edition include:

  • A probing of where the Court’s turn in recent years toward an equal liberty analysis stands in the wake of Dobbs, including threats posed by the reversal of Roe v. Wade and Planned Parenthood v. Casey to the doctrinal foundations of Lawrence v. Texas and Obergefell v. Hodges.
  • The increasing prominence of the argument that discrimination against lesbian, gay, bisexual, transgender and queer-identified persons constitutes discrimination “because of sex,” as recognized by the Supreme Court’s opinion in Bostock v. Clayton County, Georgia, interpreting Title VII, and the related question of how Bostock will affect interpretation of the Equal Protection Clause and other antidiscrimination statutes.
  • Increased coverage of how the First Amendment and the Religious Freedom Restoration Act are being deployed aggressively by the Supreme Court to carve out exemptions and allowances for individuals, companies, and religious institutions to discriminate against women and LGBTQ persons. Examples include questions such as whether Fulton v. Philadelphia limits or partially overrules Obergefell by requiring a government program to discriminate against same-sex married couples and the extent to which expansion of “the ministerial exception” undermines workplace protections.
  • The book’s distinctive fourth chapter introduces the student to natural law theory (which is on the upswing in federal courts), feminist and other liberal theories, and postmodern theories claiming that what many people treat as inflexible and natural are actually contingent, socially constructed, and dynamic.
  • Increased coverage of issues related to transgender people in a range of contexts, including custody and visitation actions involving transgender parents or transgender children, schools and the workplace, on athletic teams, in the military, and in prisons.

The Fifth Edition expands upon the book’s distinctive integration of sexuality and gender issues and increases coverage of the racialization of these dynamics in American law. From its first edition, this casebook has prioritized inclusion of the perspectives of transgender and intersex persons, as well as lesbians and straight women, gay men, and bisexuals of different races and ethnicities.

In addition to the opening segments focused on constitutional law and theory, the remaining chapters contain the most comprehensive and deepest coverage available of sexuality and gender issues in the workplace, the family, schools, the armed forces, and prisons.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 12/13/2022

William N. Eskridge Jr., Yale University Law School

Nan D. Hunter, Georgetown University Law Center

Courtney G. Joslin, University of CA-Davis School of Law

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

Throughout, the book fully integrates the ramifications stemming from the latest court decisions, including Dobbs v. Jackson Women’s Health Organization and new religious liberty decisions and debates.

Highlights of the Fifth Edition include:

  • A probing of where the Court’s turn in recent years toward an equal liberty analysis stands in the wake of Dobbs, including threats posed by the reversal of Roe v. Wade and Planned Parenthood v. Casey to the doctrinal foundations of Lawrence v. Texas and Obergefell v. Hodges.
  • The increasing prominence of the argument that discrimination against lesbian, gay, bisexual, transgender and queer-identified persons constitutes discrimination “because of sex,” as recognized by the Supreme Court’s opinion in Bostock v. Clayton County, Georgia, interpreting Title VII, and the related question of how Bostock will affect interpretation of the Equal Protection Clause and other antidiscrimination statutes.
  • Increased coverage of how the First Amendment and the Religious Freedom Restoration Act are being deployed aggressively by the Supreme Court to carve out exemptions and allowances for individuals, companies, and religious institutions to discriminate against women and LGBTQ persons. Examples include questions such as whether Fulton v. Philadelphia limits or partially overrules Obergefell by requiring a government program to discriminate against same-sex married couples and the extent to which expansion of “the ministerial exception” undermines workplace protections.
  • The book’s distinctive fourth chapter introduces the student to natural law theory (which is on the upswing in federal courts), feminist and other liberal theories, and postmodern theories claiming that what many people treat as inflexible and natural are actually contingent, socially constructed, and dynamic.
  • Increased coverage of issues related to transgender people in a range of contexts, including custody and visitation actions involving transgender parents or transgender children, schools and the workplace, on athletic teams, in the military, and in prisons.

The Fifth Edition expands upon the book’s distinctive integration of sexuality and gender issues and increases coverage of the racialization of these dynamics in American law.

Learn more about this series.