2019 / Elizabeth Sepper & Deborah Dinner

Sex in Public

This Article recounts the first history of sex in public accommodations law- a history essential to debates that rage today over gerider and sexuality in public. Just fifty years ago,not only LGBTQ people but also cisgender women were the subject of discrimination in public.Restaurants and bars displayed “men-only” signs. Women held secondary status in civic organi-zations, such as Rotary and Jaycees, and were excluded altogether from many professional bodies,such as press clubs. Sports – from the Litde League to the golf club – kept girls and women fromachieving athletic excellence. Financial institutions subsumed married women’s identities withinthose of their husbands. Over the course of the 1970s, the feminist movement protested and liti-gated against sex discrimination in public accommodations. They secured state laws opening upcommerce and leisure for “full and equal enjoyment” by both sexes. When “sex” was added to statepublic accommodations laws, feminists, their opponents, and government actors understood sexequality in public to signify more than equal access to public spaces. It also implicated freedomfrom the regulation of sexuality and gender performance and held the potential to transform in-stitutions central to dominant masculinity, like baseball fields and bathrooms. This history in-forms the interpretation of public accommodations laws in controversies from same-sex couples’wedding cakes to transgender people’s restroom access.


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