Of Courts and Closets: A Doctrinal and Empirical Analysis of Lesbian and Gay Identity in the Courts

The decision4 to acknowledge one's sexual orientation-to "come out'5 in common parlance-exposes gay people to a variety of responses from acceptance, to ridicule,6 to loss of contracts or other means to earn a living, to termination of employment or other benefits.8 Nevertheless, it is an essential step toward lesbian and gay persons' full and equal participation in American society. Legal rules can help or hinder this process; current doctrine, unfortunately, does both.