What is a sexual orientation?

[RJLipkin at aol.com]

In a message dated 2/17/2004 2:21:55 AM Eastern Standard Time, 
VOLOKH at law.ucla.edu writes:
Why is it obvious that a rule banning marriage between siblings, or between 
more than two persons, doesn't discrimiante on the basis of sexual orientation? 
 It seems to me that an affectional preference for one's own sibling is a 
sexual orientation.
        
        I'm not sure why this would not be obvious. A person might have "an 
affectional  preference" for rich people, older men, (or women), blondes, tall 
people, even law professors, but I do not see how banning marrying a rich 
person, say, counts as gender discrimination.  It might be helpful if Eugene could 
briefly explain why an affectional preference for one's siblings is, in any 
way all, a gender preference.  And it must be a gender preference, I would 
think, for a ban to count as gender discrimination.

Bobby




Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
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