I think some of my colleagues will ask questions about these cases, to ask who is a man or woman, but if the question is legally, what is male or female, and if you think about the questions that you've read, say, in common law out of the Supreme Court – and I'll just talk about discrimination cases, although I think you can talk about other ones, too – think about the sex discrimination cases. The struggle is about, what is discrimination, but the Court in Craig v. Born is talking about different control restrictions for men and women. Or in Mississippi University of Women vs. Hogan, where the Court is talking about whether men can go to nursing school. Or, more recently, VMI, when the Court is talking about whether women can go to military school. Or even the case of Johnson Controls, where the company is asking whether the company can maintain different rules for men and women, whether they can be exposed to lead in the place of work.
Civil Rights and Discrimination | Law | Law and Gender
Suzanne B. Goldberg,
Panel Three: Introduction,
Women's Rts. L. Rep.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3771