Policing the Painted and Powdered
Kreis.41.2.1 (Do Not Delete) 2/7/2020 2:45 PM POLICING THE PAINTED AND POWDERED Anthony Michael Kreis† Is homophobia also sexism? This question was the focus of pioneering scholarship nearly three decades ago and has been the subject of reignited controversy because of litigation over marriage rights, employment discrimination, educational opportunities, fair housing, religious exemptions, and military service. Even though some courts, federal agencies, and state employment commissions have recognized that sexual orientation and gender identity discrimination are subsets of sex discrimination, including the landmark Title VII decisions Hively v. Ivy Tech Community College and Zarda v. Altitude Express, academics, judges, and public administrators have been unable to articulate a plain theory of sexual orientation discrimination as sexism. Without a straightforward theory to operationalize into law, some † Visiting Assistant Professor of Law, Illinois Institute of Technology, Chicago-Kent College of Law. Ph.D., University of Georgia, J.D., Washington and Lee University, B.A., University of North Carolina at Chapel Hill. I want to thank Albertina Antognini, Kathy Baker, Melina Bell, Alex Boni-Saenz, Meghan Boone, Peg Brinig, Matthew Bruckner, Jud Campbell, June Carbone, Jessica Clarke, Graeme Dinwoodie, Martha Albertson Fineman, Brian Frye, Ruth Halperin- Kaddari, Rebecca Hamilton, Craig Konnoth, Ken Jost, Nancy Leong, Marty Malin, Lisa Martin, Brett McDonnell, Joe Miller, Kish Parella, Greg Reilly, Christopher Schmidt, Christopher Seaman,
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