Sticky Intuitions and the Future of Sexual Orientation Discrimination
Suzanne B. Goldberg* 
57 UCLA L. Rev. 1375

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As once-accepted empirical justifications for discriminating against lesbians and gay men have fallen away, the major stumbling block to equality lies in a set of intuitions, impulses, and so-called common sense views regarding sexual orientation and gender. This Article takes up these impulses and views, which I characterize as “sticky intuitions,” to consider both their sustained influence and the prospects for their destabilization. In this effort, I first offer a framework for locating the intuitions’ work within contemporary doctrine, culture, and politics. I then advance an extended typology of the intuitions themselves, drawing from case law, scholarly literature, and public discourse. Although the individual intuitions will not surprise those familiar with the field, their amalgamation into a typology sheds light on their synergies as well as the complex nature of their influence.

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