Disaggregating gender from sex and sexual orientation: the effeminate man in the law and feminist jurisprudence.

From: Yale Law Journal | Date: October 1, 1995| Author: Case, Mary Anne C. | Copyright information

"Gender" is to "sex" as masculine and feminine are to male and female. Although the two terms are now used interchangeably in the language of the law, Professor Case argues that it is important to maintain this distinction between them, to avoid allowing substitution of gender discrimination against the traditionally feminine for a now prohibited sex discrimination against women. She contrasts Price Waterhouse v. Hopkins, in which the Supreme Court held it to constitute impermissible sex ster...

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