Kentucky Law Journal Volume 106 | Issue 1 Article 6 2018 What is Sexual Orientation? Mary Ziegler Florida State University College of Law Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Civil Rights and Discrimination Commons, and the Sexuality and the Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Ziegler, Mary (2018) "What is Sexual Orientation?," Kentucky Law Journal: Vol. 106 : Iss. 1 , Article 6. Available at: https://uknowledge.uky.edu/klj/vol106/iss1/6 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact
[email protected]. What is Sexual Orientation? Mary ZieglerI ABSTRACT At a time when the Supreme Court seems closer than ever before to treating sexual orientation as a suspect classification, consideration of the legal definition of sexual orientation is both timely and important. The Court’s 2015 decision in Obergefell recognizes two guideposts for defining sexual orientation: its immutability and normalcy. While other scholars offer rich and nuanced accounts of the fight for gay, lesbian, transgender, and bisexual rights, they do not fully analyze the history of sexual orientation as a legal category. This Article closes that gap, illuminating the hidden costs of the definition of sexual orientation that Obergefell endorses. In the past, definitions of sexual orientation based on immutability helped courts turn away equal protection arguments because of the “real” biological differences between same-sex and opposite sex couples.