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)
  • One issue that could be impacted when the 28th Amendment is enforceable is the issue of conversion therapy. In a resolution adopted in February, 2020, the American Psychological Association stated gender identity change efforts (GICE) “cause harm by reinforcing anti-transgender and anti-gender nonbinary stigma and discrimination; and by creating social pressure on an individual to conform to an identity and/or presentation that may not be consistent with their sense of self.”
  • Another 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?”

Draft

“Does constitutional equality mean women will be drafted?”

History

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