ABSTRACT
As feminists and others acknowledge, the perfect form of government has yet to be found. In the famous words of Winston Churchill: Many forms of government have been tried, and will be tried in this world of sin and woe. Simply stated, the difference between "sex" and "gender" is that "sex" is biologically determined, while "gender" is culturally or socially constructed. This distinction is simplistic in the sense that it breaks down in a number of circumstances; most obviously in the cultural construction of the gender of a transgendered person, but also in the cultural meaning of a biological process like puberty or pregnancy. The meaning of "equality" is at least as elusive as "gender". The dominant narrative in American legal history asserts that in the late nineteenth and early twentieth centuries, prior to the advent of Legal Realism, Formalism reigned.
