Transgender

“Will this provide protections for transgender individuals?”

  • Whether the amendment protects transgender individuals is dependent upon the meaning of “sex” in the 28th Amendment (Equal Rights): Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
  • In a recent Title VII Supreme Court decision, Bostock v. Clayton County, “sex” was held to include protections for LGBTQ+ individuals. 

“It is impossible to discriminate against a person for being homosexual or transgender without discriminating… based on sex.”

Justice Neil Gorsuch, Majority Opinion, Bostock v. Clayton County (2020)
  • An issue of interest is the inclusion of transgender athletes in sports. This is a current issue with numerous cases making their way through the courts. In 2011 the NCAA released a transgender inclusion handbook, the rules of which are still followed today.

ADDITIONAL FAQs


Contracts

“Won’t women contractors lose enhanced status for contract bids?”

COVID-19

“What kind of impact is COVID-19 having on gender equality?”

Draft

“Does constitutional equality mean women will be drafted?”

History

“What is the history of the 28th Amendment (Equal Rights)?”