Eskridge, Hunter, and Joslin's Sexuality, Gender, and the Law, 4th
This casebook offers law professors and students a doctrinally comprehensive, theoretically ambitious, and up-to-date exploration of the treatment of sexuality and gender in American public law. The Fourth Edition extends the historically grounded first chapter from the Third Edition – establishing the three primary doctrinal strands of liberty, equality, and expression – through the end of the twentieth century. The second chapter focuses on the turning points that now define the field:
- The post-Roe “undue burden” standard as it has evolved from Planned Parenthood v. Casey to Whole Woman’s Health v. Hellerstadt;
- The elimination of criminal laws against sexual conduct based on morality in Lawrence v. Texas and queries as to the reach of that principle; and
- The legalization of same-sex marriage in Obergefell v. Hodges.