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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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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 21 January 2022

Sex Discrimination and Race Preferences

Sex Discrimination and Race Preferences

(p.196) Eleven Sex Discrimination and Race Preferences
Freedom and Time

Jed Rubenfeld

Yale University Press

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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