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9780700633142

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""This book is ambitious, tackling decades of legal and political history; methods of statutory interpretation; complex constitutional law; extensive case law; the mechanics of the administrative state; the internal workings of both the religious right and the LGBTQ civil rights movement; and the arguments regarding different methods of attaining sociolegal change. Pierceson adeptly covers these multifaceted machinations in an engaging, accessible manner.""----Political Science Quarterly ""A compelling analysis that recasts the Bostock decision from an unexpected LGBTQ legal win to the logical culmination of decades of Title VII litigation by activists, civil rights groups, and courageous individuals, as well as legal theorizing by judges, lawyers, and legal scholars alike.""--Perspectives on Politics ""Reflecting thorough research, Jason Pierceson contributes to the literature on LGBTQ rights with a comprehensive analysis of the role of the courts in LGBTQ policymaking. He focuses on the evolving interpretation of Title VII of the 1964 Civil Rights Act, from the US Supreme Court's ruling in Price Waterhouse v. Hopkins (1989) to its decision in Bostock v. Clayton County (2020). With meticulous detail, he shows how Price Waterhouse set the stage for the next several decades of litigation over employment discrimination based on gender identity and sexual orientation, culminating in the eventual victory in Bostock.""--Susan Gluck Mezey, professor emerita, Department of Political Science, Loyola University Chicago ""For casual observers, Bostock was a surprising and unexpected victory for LGBTQ rights, especially because it was penned by Trump nominee Neil Gorsuch. But activists had been working toward that victory for decades, arguing cases and bringing the courts where they wanted them on Title VII. In the end, the decision was 'monumental and enormously consequential but legally and politically easy.' History comes alive in this story of the legal roots of protections from workplace discrimination against LGBTQ people. This is no dry academic text, it is storytelling: a fascinating journey with fresh insights and new details that will delight everyone from those new to the case to those more familiar with the Bostock decision and its legal precedents.""--Melissa R. Michelson, coauthor of Transforming Prejudice: Identity, Fear, and Transgender Rights and LGBTQ Life in America: Examining the Facts ""In this riveting and beautifully written account of one of the major US Supreme Court rulings on gender discrimination, Professor Jason Pierceson reminds us that the equality-enhancing consequences of civil rights litigation are not always predictable or confinable. Everyone interested in the workings and possibilities of antidiscrimination law should read this fascinating tale of how a lawsuit involving a determined and courageous cisgender heterosexual woman, who was denied a promotion for supposedly being 'too masculine, ' played a crucial role, decades later, in vital LGBTQ equality victories.""--Carlos A. Ball, distinguished professor of law, Rutgers University, and author of The Queering of Corporate America ""Jason Pierceson details the astonishing 'accidental precedent' of Price Waterhouse v. Hopkins in shaping LGBTQ litigation strategies and successes in the federal courts over three decades. This is a deeply engaging and thoughtful account that provides clear insights into the benefits and pitfalls facing minority groups that seek legal protections from the courts. A must-read for LGBTQ politics scholars, students, and legal advocates.""--Don Haider-Markel, professor of political science, University of Kansas

"""A compelling analysis that recasts the Bostock decision from an unexpected LGBTQ legal win to the logical culmination of decades of Title VII litigation by activists, civil rights groups, and courageous individuals, as well as legal theorizing by judges, lawyers, and legal scholars alike.""--Perspectives on Politics ""Reflecting thorough research, Jason Pierceson contributes to the literature on LGBTQ rights with a comprehensive analysis of the role of the courts in LGBTQ policymaking. He focuses on the evolving interpretation of Title VII of the 1964 Civil Rights Act, from the US Supreme Court's ruling in Price Waterhouse v. Hopkins (1989) to its decision in Bostock v. Clayton County (2020). With meticulous detail, he shows how Price Waterhouse set the stage for the next several decades of litigation over employment discrimination based on gender identity and sexual orientation, culminating in the eventual victory in Bostock.""--Susan Gluck Mezey, professor emerita, Department of Political Science, Loyola University Chicago ""For casual observers, Bostock was a surprising and unexpected victory for LGBTQ rights, especially because it was penned by Trump nominee Neil Gorsuch. But activists had been working toward that victory for decades, arguing cases and bringing the courts where they wanted them on Title VII. In the end, the decision was 'monumental and enormously consequential but legally and politically easy.' History comes alive in this story of the legal roots of protections from workplace discrimination against LGBTQ people. This is no dry academic text, it is storytelling: a fascinating journey with fresh insights and new details that will delight everyone from those new to the case to those more familiar with the Bostock decision and its legal precedents.""--Melissa R. Michelson, coauthor of Transforming Prejudice: Identity, Fear, and Transgender Rights and LGBTQ Life in America: Examining the Facts ""In this riveting and beautifully written account of one of the major US Supreme Court rulings on gender discrimination, Professor Jason Pierceson reminds us that the equality-enhancing consequences of civil rights litigation are not always predictable or confinable. Everyone interested in the workings and possibilities of antidiscrimination law should read this fascinating tale of how a lawsuit involving a determined and courageous cisgender heterosexual woman, who was denied a promotion for supposedly being 'too masculine, ' played a crucial role, decades later, in vital LGBTQ equality victories.""--Carlos A. Ball, distinguished professor of law, Rutgers University, and author of The Queering of Corporate America ""Jason Pierceson details the astonishing 'accidental precedent' of Price Waterhouse v. Hopkins in shaping LGBTQ litigation strategies and successes in the federal courts over three decades. This is a deeply engaging and thoughtful account that provides clear insights into the benefits and pitfalls facing minority groups that seek legal protections from the courts. A must-read for LGBTQ politics scholars, students, and legal advocates.""--Don Haider-Markel, professor of political science, University of Kansas"

Reflecting thorough research, Jason Pierceson contributes to the literature on LGBTQ rights with a comprehensive analysis of the role of the courts in LGBTQ policymaking. He focuses on the evolving interpretation of Title VII of the 1964 Civil Rights Act, from the US Supreme Court's ruling in Price Waterhouse v. Hopkins (1989) to its decision in Bostock v. Clayton County (2020). With meticulous detail, he shows how Price Waterhouse set the stage for the next several decades of litigation over employment discrimination based on gender identity and sexual orientation, culminating in the eventual victory in Bostock.--Susan Gluck Mezey, professor emerita, Department of Political Science, Loyola University Chicago For casual observers, Bostock was a surprising and unexpected victory for LGBTQ rights, especially because it was penned by Trump nominee Neil Gorsuch. But activists had been working toward that victory for decades, arguing cases and bringing the courts where they wanted them on Title VII. In the end, the decision was 'monumental and enormously consequential but legally and politically easy.' History comes alive in this story of the legal roots of protections from workplace discrimination against LGBTQ people. This is no dry academic text, it is storytelling: a fascinating journey with fresh insights and new details that will delight everyone from those new to the case to those more familiar with the Bostock decision and its legal precedents.--Melissa R. Michelson, coauthor of Transforming Prejudice: Identity, Fear, and Transgender Rights and LGBTQ Life in America: Examining the Facts In this riveting and beautifully written account of one of the major US Supreme Court rulings on gender discrimination, Professor Jason Pierceson reminds us that the equality-enhancing consequences of civil rights litigation are not always predictable or confinable. Everyone interested in the workings and possibilities of antidiscrimination law should read this fascinating tale of how a lawsuit involving a determined and courageous cisgender heterosexual woman, who was denied a promotion for supposedly being 'too masculine, ' played a crucial role, decades later, in vital LGBTQ equality victories.--Carlos A. Ball, distinguished professor of law, Rutgers University, and author of The Queering of Corporate America Jason Pierceson details the astonishing 'accidental precedent' of Price Waterhouse v. Hopkins in shaping LGBTQ litigation strategies and successes in the federal courts over three decades. This is a deeply engaging and thoughtful account that provides clear insights into the benefits and pitfalls facing minority groups that seek legal protections from the courts. A must-read for LGBTQ politics scholars, students, and legal advocates.--Don Haider-Markel, professor of political science, University of Kansas

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Jason Pierceson is professor of political science at the University of Illinois Springfield.

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