Tracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with gender—from tax codes to health benefits—have a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.

Tracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with gender—from tax codes to health benefits—have a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.