At a time when legal and social prohibitions on sexual relationships are declining, Americans are still nearly unanimous in their condemnation of adultery. Over 90 percent disapprove of cheating on a spouse. In her comprehensive account of the legal and social consequences of infidelity, Deborah Rhode explores why. She exposes the harms that criminalizing adultery inflicts, and she makes a compelling case for repealing adultery laws and prohibitions on polygamy.

In the twenty-two states where adultery is technically illegal although widely practiced, it can lead to civil lawsuits, job termination, and loss of child custody. It is routinely used to threaten and tarnish public officials and undermine military careers. And running through the history of anti-adultery legislation is a double standard that has repeatedly punished women more severely than men. An “unwritten law” allowing a man to avoid conviction for killing his wife’s lover remained common well into the twentieth century. Murder under these circumstances was considered an act of understandable passion.

Adultery has been called the most creative of sins, and novelists and popular media have lavished attention on sexual infidelity. As a focus of serious study, however, adultery has received short shrift. Rhode combines a comprehensive account of the legal and social consequences of adultery with a forceful argument for halting the state’s policing of fidelity.

This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women’s activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility—or impossibility—of using law as a tool of social change.

Speaking of Sex explores a topic that too often drops out of our discussions when we speak about sex: the persistent problem of sex-based inequality and the cultural forces that sustain it. On critical issues affecting women, most Americans deny either that gender inequality is a serious problem or that it is one that they have a personal or political responsibility to address. In tracing this “no problem” problem, Speaking of Sex examines the most fundamental causes of women’s disadvantages and the inadequacy of current public policy to combat them.

Although in the past quarter-century the United States has made major progress in addressing gender discrimination, women still face substantial obstacles in their private, public, and professional lives. On every significant measure of wealth, power, status, and security, women remain less advantaged than men. Deborah Rhode reveals the ways that the culture denies, discounts, or attempts to justify those inequalities. She shows that only by making inequality more visible can we devise an adequate strategy to confront it.

Speaking of Sex examines patterns of gender inequality across a wide array of social, legal, and public policy settings. Challenging conventional biological explanations for gender differences, Rhode explores the media images and childrearing practices that reinforce traditional gender stereotypes. On policies involving employment, divorce, custody, rape, pornography, domestic violence, sexual harassment, and reproductive choice, Speaking of Sex reveals how we continually overlook the gap between legal rights and daily experience. All too often, even Americans who condemn gender inequality in principle cannot see it in practice—in their own lives, homes, and work environments. In tracing these patterns, Rhode uncovers the deeply ingrained assumptions that obscure and perpetuate women’s disadvantages.