In 1966, Kay served on the California Governor's Commission on the Family, which proposed that California adopt a no-fault regime for divorce. The state of California adopted a law based on that recommendation, the first of its kind in the United States, in 1970. Along with Robert Levy, she was co-reporter of the committee that prepared the Uniform Marriage and Divorce Act. In 1969, Kay, along with Ruth Bader Ginsburg and Kenneth M. Davidson, authored the first casebook on sex discrimination, Sex-Based Discrimination: Text, Cases, and Materials. In 1985, Kay was elected to the Council of the American Law Institute. Kay was president of the Association of American Law Schools in 1989 and secretary of the American Bar Association Section on Legal Education and Admissions to the Bar from 1999 to 2001. She received 1992 Margaret Brent Award to Women Lawyers of Distinction and the 2003 Boalt Hall Alumni Association Faculty Lifetime Achievement Award. Kay has also been recognized for her teaching, receiving the UC Berkeley Distinguished Teaching Award, in 1962, and the Society of American Law Teachers Teaching Award. In 1999, the Boalt Hall Women's Association created a fellowship in Kay's name to support students pursuing "public interest work benefiting women." Berkeley established the Herma Hill Kay Memorial Lecture series; the inaugural speaker was U.S. Supreme Court Justice Ruth Bader Ginsburg.
Selected works
; Articles
"Same-Sex Divorce in the Conflict of Laws," 15 Kings College L.J. 63.
"'Making Marriage and Divorce Safe for Women' Revisited," 32 Hofstra L. Rev. 71.
"U.C.'s Women Law Faculty," 36 U.C. Davis L. Rev. 331.
"Women Law School Deans: A Different Breed, Or Just One Of The Boys?" 14 Yale J. L. & Feminism 219.
"No-Fault Divorce and Child Custody: Chilling Out the Gender Wars," 36 Fam. L. Q. 27.
"The Challenge to Diversity in Legal Education," 34 Ind. L. Rev. 55.
"From the Second Sex to the Joint Venture: An Overview of Women's Rights and Family Law in the United States During the Twentieth Century," 88 Calif.L.Rev. 2017.
"Adoption in the Conflict of Laws: The UAA, Not the UCCJA, Is the Answer," 84 Calif.L.Rev. 703.
"Beyond No-Fault: New Directions in Divorce Reform," in Divorce Reform at the Crossroads 6–36.
"An Appraisal of California's No-Fault Divorce Law," 75 Calif.L.Rev. 291.
"Equality and Difference: The Case of Pregnancy," 1 Berkeley Women's L.J. 1.
"Marvin v. Marvin: Preserving the Options," 65 Calif.L.Rev. 937 .
"Making Marriage and Divorce Safe for Women" — review of M. Rheinstein, Marriage Stability, Divorce and the Law in 60 Calif.L.Rev. 1683.
; Casebooks
Kenneth M. Davidson, Ruth Bader Ginsburg, and Herma Hill Kay, Sex-Based Discrimination: Text, Cases, and Materials