The weaker sex: is being male a legally cognizable defect, impairment, or disability?

Louis M Solomon1, Rebekka C Noll, Rebecca Guttman

  • 1Proskauer Rose LLP, New York, New York 10036-8299, USA. Lsolomon@proskauer.com

Gender Medicine
|August 30, 2008
PubMed

Insights

This study explores the scientific evidence needed to legally recognize male biological predispositions as a disability. It examines legal and policy implications, including potential criminal defenses, for classifying "maleness" as a disability.

Area of Science:

  • Medical science
  • Legal studies
  • Genetics

Background:

  • Men face higher mortality rates from cancer and coronary artery disease compared to women.
  • Males are disproportionately affected by various emotional and developmental disorders.
  • Genetic predispositions contribute to numerous male health deficiencies.

Purpose of the Study:

  • To determine the scientific evidence required to legally classify 'being male' as a disability.
  • To analyze the legal and policy ramifications of recognizing male health disparities as a protected category.
  • To assess the potential for a 'maleness' defense in criminal law.

Main Methods:

  • Review of scientific literature on male health problems.
  • Analysis of legal frameworks for creating protected categories.
  • Examination of scientific proof for genetic or biological determinants of behavior.
  • Assessment of policy implications for legal classification.

Main Results:

  • Significant scientific evidence exists for male-specific health deficiencies and predispositions.
  • Current legal frameworks may need re-evaluation to accommodate scientifically-based disability classifications.
  • Overcoming historical skepticism towards science in legal rulings is a key challenge.

Conclusions:

  • Recognizing 'maleness' as a legal disability requires substantial scientific validation.
  • Advances in genetics and a broader legal definition of disability are crucial.
  • Policy and legal systems must adapt to incorporate scientific understanding of biological determinants.

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