Connecting the Dots; What Feminists, Lesbians, Gays, and Bisexuals Should Learn From the Transgender and Intersex Communities About Challenging Gender and Sexual Orientation Discrimination

6 Pages Posted: 1 Aug 2019

Date Written: February 1, 2019

Abstract

In this essay, Mattheus Stephens reviews efforts by the Trump administration to roll back progress for and protection of the LGBTQ+ community generally, and the transgender and intersex communities specifically. He argues that there is an obvious motive for these legal and policy attacks. If the administration can drive home the notion that a person is fake unless they exist in the way the administration tells that person to exist, then the administration reinforces and gives permission to all categories of gender-based discrimination. In turn, these actions can reinforce and give credence to the gender stereotyping that is otherwise barred by the Supreme Court’s Price Waterhouse decision, because proper gender roles and behavior are now dictated, controlled, rewarded, or penalized.

Keywords: LGBTQ+, transgender, intersex, discrimination, Title IX, Title VII, religious exemptions

JEL Classification: K00, K1, K10, K36, K49

Suggested Citation

Stephens, Mattheus, Connecting the Dots; What Feminists, Lesbians, Gays, and Bisexuals Should Learn From the Transgender and Intersex Communities About Challenging Gender and Sexual Orientation Discrimination (February 1, 2019). Thomas Jefferson Law Review, Vol. 41, No. 2, 2019, Available at SSRN: https://ssrn.com/abstract=3429349

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