Transgender

“Will this cover transitioning or transgender status?”

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  • Presumably, it will. The 28th Amendment (Equal Rights) states: “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.” 

…this language is broad enough to protect all marginalized genders and sexual minorities, not just cisgender women.

– Kate Kelly, The ERA is Queer
  • Whether the amendment protects transgender rights depends on the meaning of “sex” and how the Supreme Court interprets that word in the context of a constitutional amendment.
  • In a recent Title VII Supreme Court decision, Bostock v. Clayton County, “sex” was held to include homosexual and transgender status. 

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)

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)?”
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