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Freedom and TimeA Theory of Constitutional Self-Government$
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Jed Rubenfeld

Print publication date: 2001

Print ISBN-13: 9780300080483

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300080483.001.0001

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Sex Discrimination and Race Preferences

Sex Discrimination and Race Preferences

Chapter:
(p.196) Eleven Sex Discrimination and Race Preferences
Source:
Freedom and Time
Author(s):

Jed Rubenfeld

Publisher:
Yale University Press
DOI:10.12987/yale/9780300080483.003.0011

In 1873, the courts upheld in Bradwell v. Illinois a state statute excluding women from the practice of law, a decision that was almost certainly consistent with the Fourteenth Amendment's original understanding. Today, however, such an exclusion would constitute a gross violation of the constitution. The interpretive question is whether the Fourteenth Amendment, read in light of its paradigm cases of racial discrimination, also condemns sex discrimination. This chapter examines sex discrimination to illustrate how the paradigm case method deals with extensions of equal protection law beyond the paradigmatic category of race. It considers minority race preferences, a highly controversial topic in constitutional law.

Keywords:   racial discrimination, sex discrimination, Bradwell v. Illinois, Fourteenth Amendment, paradigm case method, equal protection law, race preferences, constitutional law

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