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Professor Marc Spindelman publishes “Bostock’s Paradox: Textualism, Legal Justice, and the Constitution” in Buffalo Law Review

June 28, 2021 | Faculty

Professor Marc Spindelman recently published a paper in the Buffalo Law Review titled, “Bostock’s Paradox: Textualism, Legal Justice, and the Constitution.”

“The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT rights jurisprudence.”