ParT I: course InformaTIon
This course is taught under the assumption that most of the students attending
this course do not intend to enter law schools or the employment of a
regulatory agency after their graduation. They take Gender Issues in the Law
because it is an alternative to fulfil the necessary credits or they believe it is
something different. This course is therefore designed to provide an overview
of the status of gay, lesbian, bisexual, and transgender Americans today. This
course engages students directly with important decisions of the U.S. Supreme
Court and other courts to trace the development of rights pertaining to sexual
orientation and identity, evolution of the right to privacy, regulation of
parenthood, marriage, and family; freedom of speech and expression; and the
US Military. The course emphasizes the important interface between law and
the democratic political process in expanding the equality of the LGBTQ
community.
There will be three major parts to the course:
PART I. UNDERSTANDING SYSTEMIC ELEMENTS OF US LAW
PART II. ENGAGING IN LEGAL AND POLITICAL ISSUES ANALYSES
PART III. PROJECTS AND PRESENTATIONS
As with all introductory college courses, a word of caution is required. This
course presents an overview of the relevant federal and state laws and major
legal decisions pertaining to discrimination against the LGBTQ community. It
is not intended to provide a comprehensive analysis of those laws. Case
citations are provided but the citations are not exhaustive as might occur with
a Treatise. With a few exceptions, there is little discussion of policy issues,
although the relevant statutes, regulations and case law are often placed in
historical perspective for clarity.

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The topic of the rights of lesbians, gay men, bisexuals, and trans and non–
binary individuals (“LGBTQ”) is very broad and could include a nearly endless
list of topics. This course will focus on the topics that are unique to the LGBTQ
community rather than focus on the topic of “gender” broadly as it applies to
these communities and others. In other words, this is not an in–depth course
on the broad topics of sex or gender discrimination. The topics included in this
course include regulation of sexuality, regulation of gender/appearance,
regulation of marriage and family, the United States military, federal state and
local nondiscrimination statutes and ordinances, First Amendment case law,
and religious freedom. But these topics are only covered as they relate to the
LGBTQ community.
This topic is very dynamic as reflected in the significant changes that have
occurred since 2015. Our textbook is not intended to serve as a substitute for
thorough analysis and examination of the very complex legal rules at issue. It
should be used as guidance only, for a very broad background of the subject
matter. Students are encouraged to supplement this textbook with research on
the current legal rules.
ParT II: course LearnInG objecTIves and
assessmenTs
SBC Learning Objectives & Outcomes
This course aims to:
provide you with fundamental knowledge of the US legal system, its basic
functions and workings, and its most pressing challenges these days that are unique to
the LGBTQ community;
engender a deeper understanding and appreciation of the US legal system, as
well as familiarizing you with its significance for the development of Federal and State
laws as well as politics;
engage on topics of contemporary and timeless significance; and enhance
your analytical skills and your ability to critically engage with gender issues.
the methodology for this material is the analysis of judicial decisions of the
Supreme Court of the United States, federal and state courts, as well as statutory and
constitutional interpretation.
At the end of this course, you will have a deeper understanding of
the multitude of factors that affect the evolution of the judicial

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doctrine, from a historical, political, and legal standpoint and
you will not only learn the subject material but will also develop
skills to become comfortable reading and analyzing court
decisions.
TEXTBOOKS
Primary Resource:
Sexual Orientation, Gender Identity, and the Law in a Nutshell by
Ruth Colker #9781634608992
Additional cases, articles and published materials posted on the D2L
Additional optional reading materials:
Sexual Orientation and Identity: Political and Legal Analysis by
Shannon Gilreath and Lydia E. Lavelle #9781634603584
Women and the Law Stories by Elizabeth M. Schneider | Stephanie
M. Wildman
ISBN: 978159941589
ParT III: course scHeduLe
All page assignments below are in Sexual Orientation, Gender
Identity, and the Law in a Nutshell by Ruth Colker textbook.
Additional readings are provided in hard copies and as links to the
relevant material that can be accessed online.
course ouTLIne
Week 1
Lectures 1 & 2 (Jan 27) (Jan 29)
PDF: The US Legal System and Sources of Law and materials on
D2L Student Questionnaires are due

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Week 2
Lectures 3 & 4 (Feb 3 ) (Feb 5)
Historical Background – Due Process and Right to Privacy and
materials on D2L; In re the Matter of Thomas T. BEATIE case, Group
sign–up and group resume due
Week 3
Lectures 5 & 6 (Feb 10) (Feb12)
Textbook, Chapter 2 Regulation of Sexuality pp. 5–39 and materials
on D2L; Lawrence v. Texas | 539 U.S. 558 (2003); Roe v. Wade,
410 U.S. 113 (1973);
Dobbs v Jackson women’s health organization 597 us ___ 2022
https://www.supremecourt.gov/opinions/21pdf/19–1392_6j37.pdf
Washington v. Glucksberg | 521 U.S. 702 (1997) – extra credit
Week 4
Lectures 7 & 8 (Feb 17) (Feb 19)
Textbook, Chapter 3 Regulation of Gender Identity and Expression
pp. 39–100 and materials on D2L; Price Waterhouse v. Hopkins |
490 U.S. 228 (1989); Titlt VII; EEOC
Gavin Grimm case: https://www.aclu.org/cases/grimm–v–
gloucester–county–school–board
Week 5
Lectures 9 & 10 (Feb 24) (Feb 26)
Textbook, Chapter 4 Regulation of Parenthood pp. 101–164 and materials
on D2L; Baby M, 537 A.2d 1227, 109 NJ 396 (NJ 1988); Surrogacy;
Uniform Parentage Act; Adoptions Group Process Assessment form is due

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Week 6
Lectures 11 & 12 (March 3) (March 5)
Textbook, Chapter 5 Regulation of Marriage pp. 165–206
and materials on D2L;
Obergefell v. Hodges | 576 U.S. 644 (2015) United States v.
Windsor, 570 U.S. 744 (2013 DOMA
Week 7
Lectures 13 & 14 (March 1o) (March 12)
Review; Projects Primer, groups and requirements and materials
on D2L; Group Process Evaluation Form is due
Week 8
Spring Recess: March 17–23. No classes in session.
Classes will resume on Monday, March 24th.
Week 9
Lectures 15 & 16 (March 24) (March 26)
Textbook, Chapter 6 Untied States Military pp. 297–232 and
materials on D2L Frontiero v. Richardson | 411 U.S. 677 (1973);
DOD Policies Group Process Peer Evaluation Form is due
Week 10
Lectures 17 & 18 (March 31) (Apr 2)
Textbook, Chapter 7 Federal, State and Local Nondiscrimination
laws pp. 233–294 and materials on D2L; NY State and NY City
Human Rights; Bostock v. Clayton County, 590 U.S. 644 (2020)
Group Process Assessment form is due
Week 11
Lectures 19 & 20 (Apr 7) (Apr 9)
Textbook, Chapter 8 Freedom of Expression and Association pp.
295 – 334 and materials on D2L Tinker v. Des Moines
Independent Community School District, 393 U.S. 503 (1969);