Should a woman who refuses a 'medically necessary' C-section be prosecuted for the murder of her stillborn child? Should a pregnant drug-addict be arrested for distributing narcotics to a minor? Why do people continue to frown upon public breastfeeding, when the law protects it as a mother's right? Is date rape a less serious harm than stranger rape? Does an employer who requires female, but not male, employees to wear makeup discriminate on the basis of sex? Should employers protect women from hazardous work conditions solely on the grounds that they may become pregnant? Through these ripped-from-the-headlines, contemporary examples, law professor and legal commentator Sherry Colb explores the current terrain of the battle between the sexes. In her intriguing and ever-so-timely book, she makes a compelling social, legal, and political case for taking a person's sex into account for some matters but not for all.
While unspoken biases persist in government agencies, in the courts, in business, and elsewhere, When Sex Counts takes a hard look at sex discrimination and examines how emerging law and public policy grapple with the differences between the sexes while simultaneously struggling to maintain a commitment to equal treatment under the law.
Sherry F. Colb is a Professor of Law and Judge Frederick Lacey Scholar at Rutgers University School of Law. A former law clerk to United States Supreme Court Justice Harry A. Blackmun, she is a regular columnist for FindLaw's Writ, a mainstream online source for legal commentary.
Chapter 1 Preface Part 2 I. Pregnancy and Its Discontents: Ignoring the Intimate Link between Mother and Fetus Chapter 3 1. To Murder a Child by Refusing a C-section Chapter 4 2. Drug-Dealing to Unborn Children Chapter 5 3. The Inadvertent Murder of an Ex-Girlfriend's Fetus Chapter 6 4. Kidnapping Unborn Children from their Murdered Mothers Chapter 7 5. Adopting Embryos from the Frozen Orphanage Chapter 8 6. Are "Feminists for Life" Feminists for Real? Chapter 9 7. Sending Out Partial Birth Announcements: Pro-Life Symbolism and Deception Chapter 10 8. Pro-Life Bullies and Mentally Retarded Women Chapter 11 9. Forcing Pregnant Women to "Know" about Fetal Pain Chapter 12 10. The "Minor" Issue of Abortion Chapter 13 11. Who Gets Custody When the Fertility Clinic Makes a Mistake? Chapter 14 12. Is That Egg Donor My Mommy? Chapter 15 13. Battles Over Public Breastfeeding Chapter 16 14. What Kind of Mother Would Drown Her Children Part 17 II. Normalizing Rape: The Presumption of Intimacy between Women and Men Chapter 18 15. A Female Serial Killer's Claims of Rape Chapter 19 16. Are Rapists Too Good for the Death Penalty? Chapter 20 17. Date Rape and the Presumption of Innocence Chapter 21 18. What's Wrong with Date Rape? Chapter 22 19. Can a Woman Say "No" If She Has Already Said "Yes"? Chapter 23 20. The Rapist Who Got Away: The Injustice of Statues of Limitations Chapter 24 21. Jailbait: When "Yes" Means "No" Chapter 25 22. When Cops Cop a Feel: National Security and Women's Privacy Part 26 III. What Is Sex Discrimination? Chapter 27 23. Bartenders without Blush Chapter 28 24. And Ain't I A Woman? Chapter 29 25. Why Gay-Bashing Is Sex Discrimination Chapter 30 26. Single People Seeking Babies: Can the Law Ban Them from Assisted Reproduction? Chapter 31 27. A Woman's Right to Birth Control Coverage Chapter 32 28. The FDA Plays Politics with the Morning-After Pill Chapter 33 29. Do Pharmacists Have a Right to "Choose" Not to Fill Prescriptions? Chapter 34 30. Killing a Fetus on Account of Her Sex Chapter 35 31. When Oral Sex Results in a Pregnancy: Can Men Ever Escape Paternity Obligations? Chapter 36 32. Should Men Have the Right to a "Financial Abortion"?: Chapter 37 33. Can a Court Order a Deadbeat Dad to Stop Having Children? Chapter 38 34. The Many Meanings of "Reverse Discrimination" Chapter 39 35. Is Male Circumcision Gender-Based Violence? Chapter 40 36. Abortion By Baseball Bat Chapter 41 Conclusion