The argument that laws that discriminate on the basis of sexual orientation in fact discriminate on the basis of sex is not new. Advocates have been pressing this claim for almost thirty years. Simply put, the argument is that a statute that bars a sexual relationship between two women or two men discriminates on the basis of sex because either partner could have had the same relationship with a person of the opposite sex.
9 J.L. & Pol'y 397-416
Scholarly Commons Citation
Hunter, Nan D., "The Sex Discrimination Argument in Gay Rights Cases" (2001). Georgetown Law Faculty Publications and Other Works. Paper 1722.