Defending the Sex Discrimination Argument for Lesbian and Gay Rights: A Reply to Edward Stein

Abstract

Edward Stein’s is only the latest and most systematic of a growing number of criticisms of the sex discrimination argument, from the left and the right. Stein’s doctrinal objections to the argument misconceive the reach of present doctrine, which treats all sex-based classifications with deep suspicion. His empirical doubts misapprehend both the argument’s claims and the enduring connections between heterosexism and sexism. His only persuasive claim is his moral objection, which argues that the sex discrimination argument ignores, and may render invisible, a central moral wrong of anti-gay discrimination. This is a profound moral difficulty, but it is one that is present in almost any legal argument, and perhaps in language as such. It therefore cannot be an objection against any particular argument.

Keywords: gay rights, sex discrimination

JEL Classification: K10, K30