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Power and Privilege. Gender and Sexual Orientation

In reflecting on the readings and what you know from personal experience, you may wish to ask yourself how
gender is used as a way of fostering power and privilege. In our examination of race discrimination we
encountered how presumed differences were used as a justification for denying certain rights. Is there some
parallel in so far as gender is concerned
There is considerable evidence to conclude that boys and girls are frequently raised differently and that the
community expresses different expectations of them. Should these cultural practices be a legitimate basis for
making similar distinctions in the law
How would you compare the list developed by Deutsch relative to gender to the one developed by McIntosh
relative to race
The Hardwick decision relies considerably on ”moral teaching” as the late Justice Scalia pointed out. The more
recently decided Lawrence v. Texas takes issue with that perspective. How persuasive do you find the differing
explanations for the Court’s decisions
The following are only suggestions for you to consider:
Is there some parallel with race discrimination insofar as gender is concerned Has the legal system employed
two standards in considering allegations of sex discrimination on the one hand identifying women as different
when it comes to practicing law (e.g., Bradwell) but not when it comes to pregnancy (e.g., the General Electric
Does the fact that racial identities are rarely biologically pure affect our thinking about race in a different way
than how we think about gender How about sexual orientation
How would you compare the list developed by Deutsch relative to gender to the one developed by McIntosh
relative to race
Should cultural practices be a legitimate basis for making similar distinctions in the law
How do the Court’s decisions relate to issues of power and privilege Who are the privileged here

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