This casebook on the law of sexual orientation and gender identity weaves interdisciplinary perspectives into the up-to-date coverage of a rapidly changing legal landscape. It provides comprehensive coverage of the range of legal issues concerning LGBTQ persons, along with scholarly commentary on these issues. It also covers issues of sexuality and gender more broadly. It addresses in depth many significant recent developments, including the Supreme Court's landmark decision interpreting the Civil Rights Act of 1964 as prohibiting discrimination on the basis of gender identity and sexual orientation, and the growing set of religious liberty claims asserted by opponents of LGBTQ equality measures. The book also extensively covers gender identity issues, including the challenges faced by transgender individuals in accessing sex-segregated facilities, adequate healthcare, and equal educational and athletic opportunities.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 06/01/2022

Carlos A. Ball, Rutgers Law School-Newark

Jane S. Schacter, Stanford Law School

Douglas NeJaime, Yale University Law School

William B. Rubenstein, Harvard University Law School

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The book provides extensive new materials on the legal regulation of transgender and gender-nonconforming individuals, including efforts to deny them access to healthcare and equal educational and athletic opportunities. Many of these new materials are found in a new equality chapter that brings together, and comprehensively explores, constitutional and statutory equality protections for LGBTQ individuals, including the Supreme Court’s 2020 decision interpreting the Civil Rights Act of 1964 as prohibiting discrimination on the basis of gender identity and sexual orientation. The parenting chapter has been reorganized with new materials that cover adoption, marital parenthood, biological/genetic parenthood, intentional parenthood, and functional parenthood. In addition, the introductory chapter contains updated demographic and normative materials on issues of sexuality, gender, and gender identity. There are also new materials on the regulation of the sexuality of public employees; on the regulation of non-marital relationships; and on First Amendment exemptions to the application of LGBTQ equality measures.

Learn more about this series.