Transgender Tropes & Constitutional Review
58 Pages Posted: 17 Jun 2019
Date Written: June 6, 2019
The Trump administration is aggressively and systematically rolling back policies that protect transgender people. History teaches that these governmental attacks are not new, but instead represent the latest salvo in a long but losing battle to disparage transgender people, who have been ruthlessly depicted as criminals, deviants, and selfish iconoclasts. Notwithstanding the current administration’s open hostility toward transgender people, constitutional protections endure. This Essay discusses the evolution of government discrimination against transgender people — from laws that criminalized the violation of gender norms in the late twentieth century to the present‐day exclusion of transgender people from the U.S. military — and transgender people’s continued efforts to secure recognition of their rights under the Fourteenth Amendment.
Keywords: transgender, gender identity, equal protection, substantive due process, fourteenth amendment, military ban
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