“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.



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


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


“Does constitutional equality mean women will be drafted?”


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