Exploring Gender Minorities' Bathroom Rights Under the Donald Trump Presidency

30 Pages Posted: 18 Jan 2018 Last revised: 4 Sep 2018

See all articles by Marc Edelman

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: January 15, 2018

Abstract

In the final two years of Barack Obama’s presidential administration, the United States executive branch made herculean strides to increase the bathroom rights of intersex and transgender Americans. Nevertheless, under President Obama’s successor, Donald Trump, the executive branch has repealed the previous administration’s memorandum in support of bathroom choice. This article explores the future of gender minorities’ bathroom rights in the United States, given the recent policy changes under the Donald Trump administration. Part I of this article provides a brief history of sex segregated bathrooms in the United States, as well as the reasons behind the United States continuing to maintain these sex-segregated spaces. Part II explores the impact of bathroom segregation on two specific gender minority groups: the intersex and the transgender. Part III explores recent efforts by gender-minority plaintiffs to use federal law to obtain greater bathrooms access. Finally, Part IV explores the likelihood of future gender-minority plaintiffs suing successfully to obtain bathroom access under existing federal laws.

Keywords: Bathroom, Intersex, Transgender, Donald Trump, Title VII, Title IX, Americans With Disabilities Act, Gender Dysphoria, Gender Protection, Constitutional Law, Equal Rights, Equal Access, Gender Binary, Bathroom Access, Civil Rights Act, Sex Segregation

JEL Classification: I00, I1 I18, I2, I21, I23, I28, I3, L5, I30, I31, I39

Suggested Citation

Edelman, Marc, Exploring Gender Minorities' Bathroom Rights Under the Donald Trump Presidency (January 15, 2018). University of Louisville Law Review, Vol. 56, 2018; Baruch College Zicklin School of Business Research Paper No. 2018-03-05. Available at SSRN: https://ssrn.com/abstract=3102377

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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