Because of Sex

About this Episode

Friend of the show and treasured guest Anthony Kreis returns to talk about important recent developments in legal protection of gay rights. We discuss the recent spate of appellate decisions finding discrimination against gay employees violates the Civil Rights Act, including a remarkable concurrence by Judge Posner. The interesting issue, though, is why.

This show’s links:

• Anthony Kreis’s faculty profile, his writing, and his twitter feed
• Oral Argument 36: Firehose of Equality (Anthony’s last, historic guest appearance on the show)
• Anthony Kreis, Against Gay Potemkin Villages: Title VII and Sexual Orientation Discrimination
• Seventh Circuit, Hively v. Ivy Tech Community College (includes the concurrence of Judge Posner that occupies much of our discussion)
• Second Circuit, Anonymous v. Omnicom Group
• Eleventh Circuit, Evans v. Georgia Regional Hospital
• William Eskridge and John Ferejohn, Super-Statutes