Cases and Materials on Sexuality, Gender Identity, and the Law

Carlos A. Ball, Rutgers Law School-Newark

Jane S. Schacter, Stanford Law School

Douglas NeJaime, Yale University Law School

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Table of Contents

The book provides extensive new materials on laws and policies targeting transgender and gender-nonconforming individuals, including the denial of gender-affirming healthcare, barriers to equal educational and athletic opportunities, restrictions on identity documents consistent with a person’s gender identity, and access to sex-segregated facilities. Many of these new materials appear in a significantly revised and comprehensive chapter on equality, which includes the Supreme Court’s 2025 decision in United States v. Skrmetti upholding state bans on gender-affirming care for minors. The marriage chapter now includes coverage of the Respect for Marriage Act, which Congress passed in the wake of Dobbs. The parenting chapter includes new materials on functional parent doctrines, multiparent recognition, and custody disputes involving transgender children. The First Amendment chapter has been extensively updated to reflect the range of recent laws aimed at restricting LGBTQ people’s speech and expressive association. In addition to new circuit court opinions, it includes the Supreme Court’s 2025 decision in Mahmoud v. Taylor ruling that public schools with LGBTQ-inclusive curriculum must allow parents with religious objections to exclude their children from such instruction. Furthermore, the introductory chapter contains updated demographic materials on the LGBTQ population.

Learn more about this series.