"Intimate Discrimination: The State's Role in the Accident of Sex and Love"

The Harvard Law Review has an article by Elizabeth F. Emens, which begins:

This is a challenging moment for the law of discrimination. The state’s role in discrimination has largely shifted from requiring discrimination — through official policies such as segregation — to prohibiting discrimination — through federal laws covering areas such as employment, housing, education, and public accommodations. Yet the problem of discrimination persists, often in forms that are hard to regulate or even to recognize.