During the 1980s and early 1990s intense disagreement has arisen over the appropriate strategy for eliminating sex discrimination. Some courts and commentators argue for gender-neutral rules that define categories in purely functional terms. Others, who point out that gender-neutral rules promise equality only for women who can meet a ‘‘male standard,’’ think that legal distinctions between the sexes are not only appropriate but necessary, at least in cases involving perceived biological differences. Still others refuse to think in terms of sameness and difference. They analyze each issue by asking whether the disputed rule furthers the domination of men and the subordination of women.
Publication Information & Recommended Citation
Whitman, Christina B. "Sex Discrimination (Update 1)." In Encyclopedia of the American Constitution, edited by L. W. Levy et al., suppl. 1, 495-7. New York: Macmillan, 1992.