The United States legal system presently defines every person as either male or female by reference to the genital anatomy of that person. Categorization of the individual by sex, however, carries several explicit and implicit legal consequences. In this Article, the author examines the implications of this two-sex presumption for the constitutional claims of sexual minorities. The author concludes that a vigorous and expansive reexamination of the two-sex presumption is urgently needed.
Mary C. Dunlap,
The Constitutional Rights of Sexual Minorities: A Crisis of the Male/Female Dichotomy,
30 Hastings L.J. 1131
Available at: https://repository.uchastings.edu/hastings_law_journal/vol30/iss4/6