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Gendered Justice: Do Male and Female Judges Rule Differently on Questions of Gay Rights?
Stanford Law Review
  • Fred O. Smith, Jr., Berkeley Law
Publication Date

One notable quality of cases like Lawrence and Goodridge is the gender composition of the appellate judges who crafted them. In Lawrence, both of the females on the Court ruled with the majority in its 6-3 ruling. Similarly, in Goodridge, two of the three women on the court ruled with the majority in its 4-3 decision. Indeed, both decisions contained opinions written by female judges finding in favor of the gay plaintiffs on their equal protection claims. This Note invites readers to consider whether these decisions stand as evidence of a broader trend. If one were to test for a correlation between gender and legal conclusions on gay rights in federal and state judicial decisions using statistical analysis, would one exist? This is my primary research question.

Citation Information
57 Stan. L. Rev. 2087 (2005)