Transgender legal history in the United States

Last updated

The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.

Contents

Legal cases concerning LGBT issues were first raised in the United States in the 1960s. These initial cases often revolved around the ability to change names or sex on legal documents and sought protection against various forms of discrimination—such as in employment, civil rights violations, and equal protection under the law. Over the decades, these issues expanded to include a broader array of concerns such as Medicare and Social Security benefits, transition-related healthcare rights in the workplace, marital rights, military service conditions, medical malpractice, restroom access, and housing discrimination.

1960s

In 1966 the first case to consider transsexualism in the US was heard, Mtr. of Anonymous v. Weiner, 50 Misc. 2d 380, 270 N.Y.S.2d 319 (1966) . The case concerned a transsexual person from New York City who had undergone sex reassignment surgery and wanted a change of name and sex on their birth certificate. The New York City Health Department refused to grant the request, and the court ruled that the New York City and New Jersey Health Code only permitted a change of sex on the birth certificate if an error was made recording it at birth, so the Health Department acted correctly. The decision of the court in Weiner was affirmed in Mtr. of Hartin v. Dir. of Bur. of Recs., 75 Misc. 2d 229, 232, 347 N.Y.S.2d 515 (1973) and Anonymous v. Mellon, 91 Misc. 2d 375, 383, 398 N.Y.S.2d 99 (1977) . [1]

In 1968 a transgender person again sought a change of name and sex on their birth certificate in the case of Matter of Anonymous, 57 Misc. 2d 813, 293 N.Y.S.2d 834 (1968) . The change of sex was denied, but the name change was granted. The same occurred in the case of Matter of Anonymous, 64 Misc. 2d 309, 314 N.Y.S.2d 668 (1970). [2] [3]

1970s

Animation: US LGBT anti-discrimination laws/regulations, 1972-2011 US LGBT civil rights animation.gif
Animation: US LGBT anti-discrimination laws/regulations, 1972-2011

In 1971, Bernardsville, New Jersey junior high music teacher Paula Grossman was fired from her position of 14 years after openly transitioning and announcing her identity as a woman. She appealed to the U.S. Supreme Court, which in 1976 refused to hear the case.

A few other scattered positive developments also occurred in this period. In 1975 Minneapolis became the first city in the United States to pass trans-inclusive civil rights protection legislation. [4] In 1977 Renée Richards, a transsexual woman, was granted entry to the U.S. Open (in tennis) after a ruling in her favor by the New York Supreme Court. This was considered a landmark decision in favor of transgender rights. [5]

Other legal cases continued to consider the issue of changing the gender marker on one's official documentation, but cases in this period also considered other issues of anti-transgender discrimination. In 1975 in the case of Darnell v. Lloyd, 395 F. Supp. 1210 (D. Conn. 1975) , a Connecticut court found that substantial state interest must be demonstrated to justify refusing to grant a change in sex recorded on a birth certificate. However, in 1977, in the case K. v. Health Division, 277 Or. 371, 560 P.2d 1070 (1977) , the Oregon Supreme Court rejected an application for a change of name or sex on the birth certificate of a post-operative transsexual, on the grounds that there was no legislative authority for such a change to be made.

In 1976 the first case in the United States that found post-operative transsexuals could marry in their post-operative sex was decided. In the New Jersey case M.T. v. J.T., 140 N.J. Super. 77, 355 A.2d 204, cert. denied 71 N.J. 345 (1976), the court expressly considered the English Corbett v. Corbett decision that disallowed such a marriage, but rejected its reasoning.

Also in 1976, the New Jersey Supreme Court rejected the appeal of a transgender plaintiff, Paula Grossman, in a sex discrimination case involving termination from her teaching job after sex reassignment surgery. [6] Another sex discrimination case in 1984, Ulane v. Eastern Airlines Inc. 742 F.2d 1081 (7th Cir. 1984), concerned Karen Ulane, a transsexual pilot. The Seventh Circuit denied her Title VII (of the Civil Rights Act of 1964) sex discrimination protection by narrowly interpreting "sex" discrimination as discrimination "against women", and denying Ulane's womanhood.

Mary Elizabeth Clark served as a United States Navy chief petty officer (E-7), serving as an instructor in anti-submarine warfare, before she underwent sex reassignment surgery; knowing of her past, [7] a U.S. Army Reserves recruiter signed her up for the Army, which she joined in 1976. [8] A year-and-a-half later she was discharged from the Army when her history became known to higher-ups. She brought suit against the Army and won a settlement of $25,000 and an honorable discharge. [9] [10]

1990s

Violence against transgender people and their partners

In 1993 Brandon Teena, a transgender man, was raped and murdered in Nebraska. In 1999 he became the subject of a biopic entitled Boys Don't Cry , starring Hilary Swank as Brandon Teena, for which Swank won an Academy Award.

In 1995 in Washington, D.C., Tyra Hunter, a transgender woman, died after being denied medical care by ER staff due to her gender identity. [11] [12] In 1998 her mother was awarded $2.8 million after the District of Columbia was found guilty of negligence and malpractice in Tyra's death. The Chicago area organization T.Y.R.A. (Transgender Youth Resources and Advocacy) was created in her memory.

In 1999 Calpernia Addams, a transgender woman, began dating PFC Barry Winchell. Word of the relationship spread at Winchell's Army base, where he was harassed by fellow soldiers and ultimately murdered. [13] Winchell's murder and the subsequent trial resulted in widespread press coverage [14] and a formal review of the US "Don't Ask, Don't Tell" (DADT) military policy, ordered by President Bill Clinton. [15] [16] [17] The case became a prominent example used to illustrate the failure of Don't Ask, Don't Tell to protect LGBT service members. [14] Addams' and Winchell's romance and the crimes of their abusers are depicted in the film Soldier's Girl , released in 2003. A subsequent New York Times article, "An Inconvenient Woman", documented the marginalization and misrepresentation of transgender sexuality even by gay rights activists. [14] [18]

2000s

In the 2004 case Smith v. City of Salem 378 F.3d 566, 568 (6th Cir. 2004) Smith, a transgender woman, filed Title VII (of the Civil Rights Act of 1964) claims of sex discrimination and retaliation, equal protection and due process claims under 42 U.S.C. § 1983, and state law claims of invasion of privacy and civil conspiracy. On appeal, the Price Waterhouse precedent was applied: "[i]t follows that employers who discriminate against men because they do wear dresses and makeup, or otherwise act femininely, are also engaging in sex discrimination, because the discrimination would not occur but for the victim's sex". This was considered a significant victory for transgender people, as the case reiterated that discrimination based on both sex and gender expression is forbidden under Title VII (of the Civil Rights Act of 1964), opening the door for more expansive jurisprudence on transgender issues in the future. This case did not, however, eliminate workplace dress codes, which frequently have separate rules based solely on gender.

In 2005 Izza Lopez was denied a job for "misrepresenting" her gender. A subsequent lawsuit, Lopez v. River Oaks Imaging & Diagnostic Group, Inc. , established there was discrimination under Title VII of the Civil Rights Act of 1964.

In 2008 the District Court of DC ruled in favor of Diane Schroer, who was denied a position as a terrorism research analyst at the Library of Congress after revealing that she would be transitioning from male to female. [19] The Court agreed that Shroer's case fell under sex discrimination regulations. [19]

Also in 2008 the first ever U.S. Congressional hearing on discrimination against transgender people in the workplace was held by the House Subcommittee on Health, Employment, Labor, and Pensions. [20]

In 2009, due to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act being signed into law, the definition of a federal hate crime was expanded to include those violent crimes in which the victim is selected due to their actual or perceived gender or gender identity. Previously, federal hate crimes were defined as only those violent crimes where the victim is selected due to their race, color, religion, or national origin. [21]

2010s

Case law

O'Donnabhain v. Commissioner 134 T.C. No. 4 is a case decided by the United States Tax Court in 2010. The issue for the court was whether a taxpayer who has been diagnosed with gender identity disorder can deduct sex reassignment surgery costs as necessary medical expenses under 26 U.S.C.   § 213. The Internal Revenue Service (IRS) argued that such surgery is cosmetic and not medically necessary. [22] On February 2, 2010, the court ruled that O'Donnabhain should be allowed to deduct the costs of her treatment for gender-identity disorder, including sex-reassignment surgery and hormone treatments. [23] In its decision, the court found the IRS position was "at best a superficial characterization of the circumstances" that is "thoroughly rebutted by the medical evidence". [24]

In 2011 Vandy Beth Glenn, a transgender woman, won a lawsuit against then-Legislative Counsel Sewell Brumby. Brumby fired Glenn in 2007 for deciding to transition genders on the job, and a three-judge panel of the 11th Circuit Court of Appeals upheld a lower court's ruling that Brumby had wrongly fired Glenn. [25]

Also in 2012, Beth Scott, a transgender woman from New Jersey, successfully appealed Aetna's decision not to cover her mammogram because she is transgender. Aetna eventually paid the cost of her mammogram and agreed to ensure that transgender people can access all necessary sex-specific care, such as prostate exams and gynecological care, regardless of whether they are categorized as male or female in insurance records. [26]

Governmental

Executive action and regulatory

In 2010 the Obama administration explicitly banned gender identity-based discrimination on the federal jobs web site USAJobs. [27]

Also in 2014, President Obama signed Executive Order 13672, adding "gender identity" to the categories protected against discrimination in hiring in the federal civilian workforce and both "gender identity" and "sexual orientation" to the categories protected against discrimination in employment and hiring on the part of federal government contractors and sub-contractors. [28]

Also in 2014, Attorney General Eric Holder stated that the Justice Department's position going forward in litigation would be that discrimination against transgender people is covered under the sex discrimination prohibition in Title VII of the Civil Rights Act of 1964. [29]

Also in 2014, the U.S. Office of Personnel Management announced an end to the ban on transition-related healthcare in Federal Employee Health Benefits plans (FEHB). [30] This decision did not mean FEHB insurance providers were required to cover transition-related healthcare, only that they could if they wanted. [30] But in 2015, it was announced that effective January 1, 2016, insurance companies that participate in the Federal Employees Health Benefits Program must include transition-related coverage. [31]

Also in 2016, new regulations were published stating that any health care provider or health insurance company that receives federal funds, as well as state Medicaid agencies and Obamacare health insurance exchange marketplaces, must give transgender people equal treatment, and transgender people have the right to make civil rights claims if such entities deny them coverage or necessary care because they are transgender. [32]

In May 2016, the Obama administration issued guidance that directed public schools to let transgender students use bathrooms and locker rooms matching their gender identity, and to use the student's preferred name and pronouns. [33] However, later that year, in August, Texas federal judge Reed O'Connor issued a nationwide injunction forbidding federal government agencies from taking any action against school districts which failed to follow the Obama administration's guidance on transgender bathroom and locker room policies in schools. [34] As well, in 2017 the Trump administration overturned the Obama administration's guidance. [35] Also in 2017, the Education Department gave a memo to staff declaring that the lawyers of the Office for Civil Rights must consider the discrimination complaints of transgender students on a case-by-case basis, and that that office cannot rely on the Obama administration's guidance in determining how to answer complaints by transgender students. [36]

In 2016, and again in 2017 after the prior bill had died in committee, Rep. Pete Olson [R-TX] introduced federal legislation which would limit gender identity to biological assignation, which would remove the ability to apply federal civil rights protections to transgender individuals. Olson stated in a press release that "the Obama Administration strongly overreached by unilaterally redefining the definition of 'sex' with respect to the Civil Rights Act outside of the lawmaking process." [37]

Federal Agency

In 2010 the State Department amended its policy to allow permanent gender marker changes on passports where a physician states that "the applicant has had appropriate clinical treatment for gender transition to the new gender". [38] The previous policy required a statement from a surgeon that gender reassignment surgery was completed. [39]

In 2011 the Social Security Administration (SSA) ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). Therefore, the Social Security Administration no longer sends notifications that alert employers when the gender marker on an employee's W-2 does not match Social Security records, a practice that "outed" some transgender Americans in the past. [40]

In 2012 the Equal Employment Opportunity Commission (EEOC) expanded upon these individual court cases by ruling that Title VII (of the Civil Rights Act of 1964) does prohibit gender identity-based employment discrimination as sex discrimination. [41] The Equal Employment Opportunity Commission declared, "intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination 'based on ... sex' and such discrimination ... violates Title VII". [41] This ruling was for a discrimination complaint filed by the Transgender Law Center on behalf of transgender woman Mia Macy, who had been denied a job due to her gender identity. [41] The ruling opens the door for any transgender employees or potential employees who have been discriminated against by a business hiring 15 or more people in the US based on their gender identity to file a claim with the EEOC for sex discrimination.

In 2012 the Veterans Health Administration declared that transgender veterans are able to change the gender marker on their medical records by providing a physician's letter confirming gender reassignment. [42]

In 2012, the Department of Health and Human Services (HHS) announced that the Patient Protection and Affordable Care Act's ban on sex-based discrimination, which will take effect by January 2014, "extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity and femininity." [43]

In 2013 the EEOC ruled in favor of an openly transgender woman who was subjected to physical and verbal harassment at her job with a federal contractor in Maryland. [44] This, according to the LGBT rights organization Freedom to Work, is the first time in history that the EEOC has investigated allegations of anti-transgender harassment and ruled for the transgender employee. [44]

In 2013 the Social Security Administration (SSA) removed its requirement that transgender people wanting to amend their gender on a Social Security card provide proof of gender reassignment surgery, instead stating that they must provide a passport or birth certificate reflecting their accurate gender, or a certification from a physician confirming that the individual has had appropriate clinical treatment for gender transition. [45]

Also in 2014, guidelines were issued by the U.S. Department of Education stating that transgender students are protected from sex-based discrimination under Title IX, and instructing public schools to treat transgender students consistent with their gender identity in single-sex classes, so that a student who identifies as a transgender boy is allowed entry to a boys-only class, and a student who identifies as a transgender girl is allowed entry to a girls-only class. [46] The memo states in part that "[a]ll students, including transgender students and students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX. Under Title IX, a recipient generally must treat transgender students consistent with their gender identity in all aspects of the planning, implementation, enrollment, operation, and evaluation of single-sex classes." [46]

In 2014 the Labor Department extended nondiscrimination protections to its transgender employees. [47]

Also in 2014, the Equal Employment Opportunity Commission filed two lawsuits against companies accused of discriminating against employees on the basis of gender identity; these lawsuits were the first Title VII (of the Civil Rights Act of 1964) action taken by the federal government on behalf of transgender workers. [48] The lawsuits were filed for Amiee Stephens and Brandi Branson, both transgender women. [49] The clinic being sued on behalf of Branson settled with her in 2015, admitting no wrongdoing but agreeing to pay her $150,000 in backpay and damages and agreeing to implement gender identity nondiscrimination protections and trainings for employees. [50]

In 2014, it was decided that transgender people receiving Medicare may not be automatically denied coverage by them for sex reassignment surgeries. [51]

Also in 2014, the Social Security Administration (SSA) stated that although its "past policy was to refer all marriage-based claims involving transgender individuals for a legal opinion from the Regional Chief Counsel[,] [o]ur new policy allows us to process most claims... without the need for a legal opinion." [52] This change came soon after Robina Asti, a 92-year-old transgender woman, was denied survivor benefits by the SSA for two years after her husband's death, benefits she finally received on February 14, 2014. [52] [53]

Also in 2015, the Occupational Safety and Health Administration published a Guide to Restroom Access for Transgender Workers , which provides guidance to employers on best practices regarding restroom access for transgender workers. [54]

Also in 2015, the Justice Department announced that it had filed its first civil lawsuit on behalf of a transgender person (Rachel Tudor); the lawsuit was United States of America v. Southeastern Oklahoma State University and the Regional University System of Oklahoma , filed in federal court in that state. [55]

Also in 2015, the Equal Employment Opportunity Commission ruled for the first time that Army-imposed restroom restrictions on a transgender civilian employee (Tamara Lusardi) violated the sex discrimination provisions of the Civil Rights Act of 1964. [56]

Also in 2015, new guidance was issued from the U.S. Departments of Health and Human Services, Labor, and the Treasury declaring that when: [57] [58]

an attending provider determines that a recommended preventive service is medically appropriate for the individual – such as, for example, providing a mammogram or pap smear for a transgender man who has residual breast tissue or an intact cervix – and the individual otherwise satisfies the criteria in the relevant recommendation or guideline as well as all other applicable coverage requirements, the plan or issuer must provide coverage for the recommended preventive service, without cost sharing, regardless of sex assigned at birth, gender identity, or gender of the individual otherwise recorded by the plan or issuer.

In 2016, the U.S. Department of Health and Human Services ruled for the first time that transgender people are entitled to surgical benefits provided under Medicare Advantage insurers, including sex reassignment surgery; the ruling came in a case regarding the transgender woman Charlene Lauderdale but does not only apply to her. [59]

Also in 2016, guidance was issued by the Departments of Justice and Education stating that schools which receive federal money must treat a student's gender identity as their sex (for example, in regard to bathrooms). [60] However, this policy was revoked in 2017. [60]

Federal courts

Starting in January 2014, each American state must have a Health Benefit Exchange where individuals and families can buy health care plans, and no state's exchange may discriminate against consumers on the basis of gender identity. [61]

In 2015, a federal court first confirmed that the Affordable Care Act prohibits discrimination against transgender people by any health care provider accepting federal funds. [62] Specifically, in the case of a young transgender man who said he was badly mistreated in a Minnesota hospital, the court ruled that Section 1557 of the Affordable Care Act prohibits gender identity discrimination under the umbrella of sex discrimination, and that by accepting Medicare and Medicaid funds the hospital was subject to the law. [62]

An important legal victory for transgender people occurred in April 2016, when the 4th U.S. Circuit Court of Appeals ruled in favor of transgender male student Gavin Grimm, which marked the first ruling by an appeals court to find that transgender students are protected under federal laws that ban sex-based discrimination. [63] The ruling came on a challenge to the Gloucester County School Board's policy of making transgender students use alternative restroom facilities. [63] However, later in 2016 the U.S. Supreme Court agreed to put that ruling on hold. [64] Then in 2017 the U.S. Supreme Court vacated the decision of the 4th U.S. Circuit Court of Appeals and refused to hear the case. [65] Later in 2017, it was announced that the 4th Circuit would send the case back to the district court for the judge to determine whether the case was moot because Grimm graduated. [66]

Late in 2016, an injunction was issued against a federal regulation created to prevent health care discrimination on the basis of gender identity (as well as abortion). [67] [68]

In 2016, for the first time, the Justice Department used the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act to bring criminal charges against a person for selecting a victim because of their gender identity. [69] [70] In that case, Joshua Brandon Vallum pled guilty to murdering Mercedes Williamson in 2015 because she was transgender, in violation of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. [69] [70]

State government

California

In California in 2011 the FAIR Education Act (Senate Bill 48) became law, requiring the inclusion of political, economic, and social contributions of transgender people (along with lesbian, gay, and bisexual people and people with disabilities) in California's textbooks and public school social studies curricula. [71]

In 2013 California enacted America's first law protecting transgender students; the law, called the School Success and Opportunity Act, declares that every public school student in California from kindergarten to 12th grade must be "permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records." [72]

In 2014, California became the first state in the U.S. to officially ban the use of trans panic and gay panic defenses in murder trials. [73]

Maine

A 2013 case in Maine decided by the Maine High Court involving a teenage girl guaranteed her right to use the girls' bathroom in high school. This was the first occasion that a U.S. State court ruled that it is unlawful to deny a transgender student access to the bathroom matching their gender identity. [74]

North Carolina

The Public Facilities Privacy & Security Act, officially called "An Act to Provide for Single-sex Multiple Occupancy Bathroom and Changing Facilities in Schools and Public Agencies and to Create Statewide Consistency in Regulation of Employment and Public Accommodations" but commonly known as "House Bill 2" or "HB2", is an act passed in the U.S. state of North Carolina in March 2016. It has been described as the most anti-LGBT legislation in the United States. [75] [76] [77] [78] Proponents of HB2 call it "common sense" legislation, [79] [80] while advocates of repeal say replacing it with an anti-discrimination law is "common sense". [81] One contentious element of the law eliminates anti-discrimination protections for gay, bisexual, transgender, genderqueer, and intersex people, and legislated that in government buildings, individuals could only use restrooms and changing facilities that correspond to the sex on their birth certificates. [82] [83] This was criticized because it prevented transgender people who did not or could not alter their birth certificates from using the restroom consistent with their gender identity: [82] in North Carolina, only people who undergo sex reassignment surgery can change the sex on their birth certificates, and outside jurisdictions have different rules, some more restrictive. [84] The legislation changes the definition of sex in the state's anti-discrimination law to "the physical condition of being male or female, which is stated on a person's birth certificate." [85] [86] [87] The act also prohibits municipalities in North Carolina from enacting anti-discrimination policies, [88] setting a local minimum wage, regulating child labor, or making certain regulations for city workers. The legislation initially removed the statutory and common-law private right of action to enforce state anti-discrimination statutes in state courts, [89] but was later amended to restore that right. [90] On May 9, 2016, the United States Department of Justice sued Governor Pat McCrory, the North Carolina Department of Public Safety, and the University of North Carolina system, stating that House Bill 2 violates Title VII of the Civil Rights Act, Title IX of the Education Amendments of 1972, and the Violence Against Women Act. On the same day, North Carolina's governor and legislative leaders filed two separate lawsuits against the Department of Justice to defend the law. Two private lawsuits were also filed, one challenging and the other defending the law. The portion of the law regarding bathroom use based on gender assigned at birth was repealed and replaced with House Bill 142 on March 30, 2017. [91]

Oregon

On June 10, 2016, an Oregon circuit court ruled that a resident, Elisa Rae Shupe, could obtain a non-binary gender designation. The Transgender Law Center believes this to be "the first ruling of its kind in the U.S." [92]

On June 15, 2017, Oregon became the first state in the U.S. to announce it will allow a non-binary "X" gender marker on state IDs and driver's licenses, beginning July 1. No doctor's note will be required for the change. [93]

Washington D.C.

On June 27, 2017, Washington, D.C., became the first place in the U.S. to offer a non-binary "X" gender marker on driver's licenses and ID cards. [94]

Military

US Navy transgender training on board USS Bonhomme Richard USS Bonhomme Richard Leadership Conducts Transgender Policy Training 170125-N-NB544-006.jpg
US Navy transgender training on board USS Bonhomme Richard

In 2015 the Army issued a directive that protected transgender soldiers from being dismissed by mid-level officers by requiring the decision for discharge to be made by the service's top civilian for personnel matters. [95] Later that year, the Air Force stated that for enlisted airmen, there were no outright grounds for discharge for anyone with gender dysphoria or who identified as transgender, and that a person would only be subject to eviction from the Air Force if his or her condition interfered with their potential deployment or performance on active duty. [96] Later in 2015, Navy Secretary Ray Mabus signed a memorandum directed to the Chief of Naval Operations and Commandant of the Marine Corps stating: "Effective immediately, separations initiated under the provisions of the reference for service members with a diagnosis or history of gender dysphoria, who identify themselves as transgender, or who have taken steps to externalize the condition, must be forwarded to the assistant secretary of the Navy (manpower and reserve affairs) for decision." [97] Still later in 2015, Defense Secretary Ash Carter ordered the creation of a Pentagon working group "to study over the next six months the policy and readiness implications of welcoming transgender persons to serve openly." [98] He also stated that all decisions to dismiss troops with gender dysphoria would be handled by the Pentagon's acting under Secretary of Defense for personnel and readiness (Brad Carson). [98]

On June 30, 2016, Ash Carter announced that the ban on transgender people from openly serving in the US military had been lifted and that the United States Department of Defense was undergoing a twelve-month transition period to satisfy the needs of transgender soldiers. [99] Just over a year later, in July 2017, President Donald Trump tweeted that transgender personnel would again be barred from the military, [100] and he published a memo on August 25, 2017, directing that an implementation plan for a transgender ban be submitted to him by the Secretary of Defense and the Secretary of Homeland Security by February 2018. [101]

On August 9, 2017, [102] [103] five transgender United States military personnel sued Trump and top Pentagon officials over the proposed banning of transgender people from serving in the military. The suit asks the court to prevent the ban from going into effect. [102] [103] Two major LGBT-rights organizations filed a petition in the United States District Court in Washington on behalf of the five transgender personnel. [103] On August 28, 2017, the American Civil Liberties Union (ACLU) of Maryland filed a federal lawsuit, Stone v. Trump , on behalf of several transgender military service members, alleging that the ban violated their equal protection rights. [104] [105] The same date, Lambda Legal filed a federal lawsuit in Seattle on behalf of three trans people, the Human Rights Campaign, and the Gender Justice League, alleging that the ban violated equal protection, due process and free speech protections. [106] [107] On September 5, 2017, Equality California filed a lawsuit in United States District Court for the Central District of California against the ban; the lawsuit includes four named and three unnamed transgender plaintiffs. [108]

On August 29, 2017, Secretary Mattis announced that currently serving transgender troops would be allowed to remain in the armed services, pending further study. Mattis stated he would set up a panel of experts from the Departments of Defense and Homeland Security to provide recommendations on implementing the President's policy direction. [109]

On January 25, 2021. U.S. President Joe Biden signed an executive which immediately revoked Trump's 2017 and 2018 transgender bans in both the U.S. Department of Defense and the U.S. Department of Homeland Security. [110] The ban is also required to be completely reversed by both Departments following consultation with the U.S. Joint Chiefs of Staff. [110]

Housing

In 2012 United States Department of Housing and Urban Development (HUD) Secretary Shaun Donovan announced new regulations that require all housing providers that receive HUD funding to prevent housing discrimination based on sexual orientation or gender identity. [111] These regulations went into effect on March 5, 2012. [112]

In a memo made public in 2015, officials issued guidance for Immigration and Customs Enforcement personnel directing staff to house transgender immigrants in sex-segregated housing that corresponds with their gender identity. [113]

In 2016, the U.S. Department of Justice released guidelines forbidding corrections agencies from placing transgender inmates into men's or women's units solely based on their anatomy at birth. [114]

Also in 2016, HUD declared that homeless shelters it funds must give transgender people the option of being housed with the gender with which they identify. [115]

In 2018, the Transgender Offender Manual of the U.S. Federal Bureau of Prisons was revised; the revision removed the sentence, "The TEC [Transgender Executive Council] will recommend housing by gender identity when appropriate", and instead declared that housing for transgender inmates would be chosen on "a case-by-case basis". The revision also said that transgender inmate housing "will use biological sex as the initial determination", with gender identity being used to decide housing only "in rare cases". [116]

Marriage and parenting

Trans man Thomas Beatie gave birth to a girl in 2008. Thomas Beatie.JPG
Trans man Thomas Beatie gave birth to a girl in 2008.

In 1976 the legal case M.T. v J.T. , 140 N.J. 77, 355 A.2d 204, 205 (NJ Super. Ct. 1976), which went to the New Jersey Superior Court, affirmed the validity of marriage of a trans woman to a man, and legally affirmed the plaintiffs gender as a woman. This is believed to be the first legal case which specifically addresses transsexual marriage. [117] [118] [119]

In the 1999 case Littleton v. Prange, 9 SW3d 223 (1999), [120] Christie Lee Littleton, a post-operative female transsexual, argued to the Texas 4th Court of Appeals that her marriage to her deceased male husband was legally binding and she was entitled to his estate. The court decided that Littleton's gender corresponded to her chromosomes, which were XY (male). The court subsequently invalidated her revision to her birth certificate, as well as her Kentucky marriage license, ruling "We hold, as a matter of law, that Christie Littleton is a male. As a male, Christie cannot be married to another male. Her marriage to Jonathon was invalid, and she cannot bring a cause of action as his surviving spouse." Littleton appealed to the Supreme Court but it denied her writ of certiorari on October 2, 2000.

In the 2001 case In re Estate of Gardiner (2001) [121] the Kansas Appellate Court applied a different standard to the marriage of transgender woman J'Noel Gardiner, concluding that:

[A] trial court must consider and decide whether an individual was male or female at the time the individual's marriage license was issued and the individual was married, not simply what the individual's chromosomes were or were not at the moment of birth. The court may use chromosome makeup as one factor, but not the exclusive factor, in arriving at a decision. Aside from chromosomes, we adopt the criteria set forth by Professor Greenberg. On remand, the trial court is directed to consider factors in addition to chromosome makeup, including: gonadal sex, internal morphologic sex, external morphologic sex, hormonal sex, phenotypic sex, assigned sex and gender of rearing, and sexual identity.[ citation needed ]

Gardiner ultimately lost her case in the Kansas Supreme Court, which declared her marriage invalid. [122]

In 2002 transgender man Michael Kantaras made national news when he won primary custody of his children upon divorce; however, that case was reversed on appeal in 2004 by the Florida Supreme Court, upholding the claim that the marriage was null and void because Michael Kantaras was still a woman and same-sex marriages were illegal in Florida. [123] The couple settled the case with joint custody in 2005. [124] [125]

The 2005 case re Jose Mauricio LOVO-Lara, 23 I&N Dec. 746 (BIA 2005) [126] considered marriage under federal law, as it pertains to immigration. The Board of Immigration Appeals (a federal body under the US Department of Justice) ruled that for purposes of an immigration visa: "A marriage between a postoperative transsexual and a person of the opposite sex may be the basis for benefits under ..., where the State in which the marriage occurred recognizes the change in sex of the postoperative transsexual and considers the marriage a valid heterosexual marriage."

2020s

Restrictions of rights

Gender-affirming care bans for minors

Several states, including Alabama, Arizona, Missouri, Texas, and Louisiana, have enacted laws that restrict or outright ban gender-affirming care for transgender minors. These bans typically prevent access to puberty blockers, hormone therapy, and in some cases, gender-affirming surgery for individuals under 18. Legal challenges against these bans are ongoing in multiple states. [127] [128] [129]

Restrictions on sports participation

Laws have been passed in states like Kentucky and Tennessee prohibiting transgender youth from participating in sports consistent with their gender identity. These laws apply to various educational levels, from primary through to higher education. [129]

Educational restrictions

Laws in states like Florida and South Dakota restrict discussions of gender and sexual orientation in schools, with civil penalties for violations that can include lawsuits and fines. [129]

Expansions of rights

States like Vermont have passed laws allowing individuals to amend their birth certificates to reflect their gender identity. Maryland has expanded nondiscrimination laws to include gender identity, protecting students in both public and private schools that receive state funding. [129]

Repeals of discriminatory laws

Idaho repealed an outdated sodomy law, which was part of broader efforts to remove laws that have been used to target the LGBTQ+ community. [129]

See also

Related Research Articles

The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.

<span class="mw-page-title-main">LGBTQ rights in Alabama</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals in the U.S. state of Alabama have federal protections, but still face legal challenges and discrimination on the state level that is not experienced by non-LGBT residents. LGBTQ rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are severely limited in comparison to other states. As one of the most socially conservative states in the U.S., Alabama is one of the only two states along with neighboring Mississippi where opposition to same-sex marriage outnumbers support.

<span class="mw-page-title-main">LGBTQ rights in Florida</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Florida have federal protections, but many face legal difficulties on the state level that are not experienced by non-LGBT residents. Same-sex sexual activity became legal in the state after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since January 6, 2015. Discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations is outlawed following the U.S. Supreme Court's ruling in Bostock v. Clayton County. In addition, several cities and counties, comprising about 55 percent of Florida's population, have enacted anti-discrimination ordinances. These include Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Tallahassee and West Palm Beach, among others. Conversion therapy is also banned in a number of cities in the state, mainly in the Miami metropolitan area, but has been struck down by the 11th Circuit Court of Appeals. In September 2023, Lake Worth Beach, Florida became an official "LGBT sanctuary city" to protect and defend LGBT rights.

<span class="mw-page-title-main">LGBTQ rights in Oregon</span>

Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in the U.S. state of Oregon have the same legal rights as non-LGBTQ people. Oregon became one of the first U.S. jurisdictions to decriminalize sodomy in 1972, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.

<span class="mw-page-title-main">LGBTQ rights in North Carolina</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBTQ residents, or LGBT residents of other states with more liberal laws.

<span class="mw-page-title-main">LGBTQ rights in Arkansas</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.

<span class="mw-page-title-main">LGBTQ rights in Indiana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.

<span class="mw-page-title-main">LGBTQ rights in South Carolina</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Carolina may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.

<span class="mw-page-title-main">LGBTQ rights in Nebraska</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Kansas</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.

<span class="mw-page-title-main">LGBTQ rights in Mississippi</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBTQ residents. LGBT rights in Mississippi are limited in comparison to other states. Same-sex sexual activity is legal in Mississippi as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized since June 2015 in accordance with the Supreme Court's decision in Obergefell v. Hodges. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. The state capital Jackson and a number of other cities provide protections in housing and public accommodations as well.

Discrimination against non-binary people, people who do not identify exclusively as male or female, may occur in social, legal, or medical contexts.

<span class="mw-page-title-main">Transgender people and military service</span>

Not all armed forces have policies explicitly permitting LGBT personnel. Generally speaking, Western European militaries show a greater tendency toward inclusion of LGBT individuals. As of 2022, more than 30 countries allow transgender military personnel to serve openly, such as Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Israel, Japan, Mexico, the Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Ukraine and the United States. Cuba and Thailand reportedly allowed transgender service in a limited capacity.

A bathroom bill is the common name for legislation or a statute that denies access to public toilets by gender or transgender identity. Bathroom bills affect access to sex-segregated public facilities for an individual based on a determination of their sex as defined in some specific way, such as their sex as assigned at birth, their sex as listed on their birth certificate, or the sex that corresponds to their gender identity. A bathroom bill can either be inclusive or exclusive of transgender individuals, depending on the aforementioned definition of their sex.

Title IX of the United States Education Amendments of 1972 prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The Obama administration interpreted Title IX to cover discrimination on the basis of assigned sex, gender identity, and transgender status. The Trump administration determined that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. The validity of the executive's position is being tested in the federal courts.

Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.

<i>G.G. v. Gloucester County School Board</i> U.S. court case dealing with transgender rights

G.G. v. Gloucester County School Board was a court case dealing with transgender rights in the United States. The case involved a transgender boy attending a Virginia high school, who sued the local school board after he was forced to use girls' restrooms based on his assigned gender under the school board's policy. While the Fourth Circuit ruled in favor of the student based on Obama administration policy related to Title IX protections, the election of Donald Trump changed the underlying policy. A pending hearing before the Supreme Court of the United States was vacated and the case was sent back to the Fourth Circuit.

House Bill 142 is a 2017 law that was enacted in the state of North Carolina that repealed House Bill 2. The bill states that all "state agencies, boards, offices, departments, institutions, branches of government, including The University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, are preempted from regulation of access to multiple occupancy restrooms, showers, or changing facilities, except in accordance with an act of the General Assembly." It also enacted that no local government in this state may enact or amend an ordinance regulating private employment practices or regulating public accommodations until December 1, 2020.

References

  1. ↑ "Legal aspects of transsexualism | T-Vox". Archived from the original on January 6, 2024. Retrieved January 6, 2024.
  2. ↑ Meadow, Tey (2010). ""A ROSE IS A ROSE": On Producing Legal Gender Classifications". Gender and Society. 24 (6): 814–837. ISSN   0891-2432.
  3. ↑ Langford, Catherine L. (2016). "Trans*Forming Higher Education to Advance Workforce Diversity". In Scott, Chaunda L.; Sims, Jeanetta D. (eds.). Developing Workforce Diversity Programs, Curriculum, and Degrees in Higher Education:. Advances in Higher Education and Professional Development. doi:10.4018/978-1-5225-0209-8.ch012. ISBN   978-1-5225-0209-8.
  4. ↑ Stryker, Susan. "Transgender Activism" (PDF). glbtq archives. glbtq. Retrieved February 6, 2016.
  5. ↑ "Renée Richards Documentary Debuts at Tribeca Film Festival". April 22, 2011.
  6. ↑ "Supreme Court / Sex Discrimination Case / New Jersey Teacher NBC News broadcast from the Vanderbilt Television News Archive". Tvnews.vanderbilt.edu. October 18, 1976. Retrieved May 15, 2012.
  7. ↑ Duke, "Transsexual Wars with the Army," Los Angeles Times (September 14, 1977)
  8. ↑ The Crystal Chronicle, November 1998. Thecrystalclub.org. Retrieved on June 2, 2015.
  9. ↑ Pasco, Jean O. (December 1, 1997). "A Life of Service: Sister Mary, whose past has seen many painful twists and turns, now brings comfort to others with the world's most comprehensive Web site on AIDS and HIV". Los Angeles Times . Archived from the original on February 23, 2013. Retrieved May 9, 2013.
  10. ↑ "AEGiS-MISC: Sister Mary Elizabeth - an Icon for the World". February 23, 2013. Archived from the original on February 23, 2013.
  11. ↑ Susan Stryker, Stephen Whittle (2006). The Transgender Studies Reader. CRC Press. p. 712. ISBN   9780415947091 . Retrieved November 24, 2009.
  12. ↑ "Anniversary of Tyra Hunter's Death". August 7, 2007. Retrieved November 24, 2009.
  13. ↑ U.S. v. Fisher, 58M.J.300 ( U.S. Armed Forces Court of Appeals June 17, 2003).
  14. 1 2 3 France, David (May 28, 2000). An Inconvenient Woman. New York Times
  15. ↑ Black, Chris (December 13, 1999). Pentagon to review 'don't ask, don't tell' policy. Archived March 3, 2016, at the Wayback Machine CNN
  16. ↑ Becker, Elizabeth (February 2, 2000). Pentagon Orders Training to Prevent Harassment of Gays. New York Times
  17. ↑ Pear, Robert (December 12, 1999). President Admits "Don't Ask" policy Has Been Failure. New York Times
  18. ↑ Clines, Francis (December 9, 1999). "Killer's Trial Shows Gay Soldier's Anguish". New York Times . Retrieved February 23, 2008.
  19. 1 2 duy (September 20, 2008). "Diane Schroer wins case against Library of Congress' blatant transgender discrimination [video] - Last Word". Metroweekly.com. Archived from the original on August 20, 2012. Retrieved May 15, 2012.
  20. ↑ "House Subcommittee Holds First Hearing on Transgender Discrimination - The Leadership Conference on Civil and Human Rights". Civilrights.org. February 7, 2008. Archived from the original on July 20, 2012. Retrieved May 15, 2012.
  21. ↑ Hulse, Carl (October 9, 2009). "House Votes to Expand Hate Crimes Definition". The New York Times.
  22. ↑ "O'Donnabhain v. Commissioner of Internal Revenue - GLAD". Archived from the original on November 21, 2016. Retrieved June 29, 2017.
  23. ↑ "Archived copy". Archived from the original on January 21, 2022. Retrieved June 29, 2017.{{cite web}}: CS1 maint: archived copy as title (link)
  24. ↑ Lavoie, Denise (February 3, 2010). "Case backs need for sex-change surgery". Boston.com– via The Boston Globe.
  25. ↑ "Person of the Year: Vandy Beth Glenn". Thegavoice.com. December 23, 2011. Retrieved May 15, 2012.
  26. ↑ Garcia, Michelle (April 30, 2012). "Transgender Woman Takes on Insurance Giant | Prevention | The Advocate". Ektroncms400.advocate.com. Retrieved May 15, 2012.[ permanent dead link ]
  27. ↑ Knowlton, Brian (January 6, 2010). "U.S. Job Site Bans Bias Over Gender Identity". The New York Times.
  28. ↑ "Executive Order -- Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity". whitehouse.gov . Office of the Press Secretary. July 21, 2014. Retrieved July 21, 2014– via National Archives.
  29. ↑ Geidner, Chris (December 18, 2014). "Justice Department Will Now Support Transgender Discrimination Claims In Litigation". BuzzFeed. Retrieved December 18, 2014.
  30. 1 2 Marie, Parker (June 13, 2014). "Federal Employee Health Plans Can Now Include Transition-Related Health Care". Advocate.com. Retrieved June 29, 2014.
  31. ↑ Browning, Bil (June 23, 2014). "Federal Employees Health Benefits Program Must Cover Transgender Transition-Related Costs". Advocate.com. Retrieved June 24, 2015.
  32. ↑ "Obama Makes Big Move For Transgender Rights". The Huffington Post. May 13, 2016.
  33. ↑ Grinberg, Emanuella (May 13, 2016). "White House issues guidance on transgender bathrooms - CNNPolitics.com". CNN.
  34. ↑ de Vogue, Ariane (August 22, 2016). "Judge temporarily blocks Obama school transgender bathroom policy - CNNPolitics.com". CNN. Retrieved August 23, 2016.
  35. ↑ Trotta, Daniel. "Trump revokes Obama guidelines on transgender bathrooms". Reuters. Retrieved February 23, 2017.
  36. ↑ Brown, Emma. "Trump administration's approach to handling transgender students' civil rights complaints is described in memo". The Washington Post. Retrieved June 19, 2017.
  37. ↑ "House Members Act to Restore Congressional Authority on Transgender Definition" (Press release). Office of Congressman Pete Olson, Representing the 22nd District of Texas. June 7, 2017. Archived from the original on August 1, 2017. Retrieved August 1, 2017.
  38. ↑ "8 FAM 403.3 Gender Change". United States Department of State. June 27, 2018. Retrieved July 18, 2018.
  39. ↑ "8 FAM 1004.1 Passport Amendments". United States Department of State. June 27, 2018. Retrieved July 18, 2018.
  40. ↑ Geidner, Chris (September 15, 2011). "Social Security Ends Gender "No-Match" Letters, White House "Welcomes This Move" - Poliglot". Metroweekly.com. Archived from the original on May 13, 2012. Retrieved May 15, 2012.
  41. 1 2 3 St, Jason (April 25, 2012). "In Landmark Ruling, Feds Add Transgendered to Anti-Discrimination Law". EDGE Boston. Retrieved May 15, 2012.
  42. ↑ Ring, Trudy (March 5, 2012). "Policy Clarified for Vets Changing Gender Markers". The Advocate. Retrieved June 15, 2013.
  43. ↑ "HHS: Affordable Care Act Will Protect Transgender People - Washington Whispers". usnews.com. August 6, 2012. Retrieved November 6, 2012.
  44. 1 2 "Trans Women Win Employment Discrimination Suits Using Civil Rights Act". The Advocate. July 15, 2013. Retrieved July 16, 2013.
  45. ↑ Brydum, Sunnivie (June 14, 2013). "Social Security Removes Surgical Requirement for Gender Marker Change". The Advocate. Retrieved June 15, 2013.
  46. 1 2 Holden, Dominic (December 2014). "Department Of Education Issues Guidelines To Protect Transgender Students In Single-Sex Classrooms". BuzzFeed. Retrieved December 2, 2014.
  47. ↑ Marie, Parker (July 1, 2014). "Labor Department Clarifies Stance on Trans Protections". Advocate.com. Retrieved July 25, 2014.
  48. ↑ "EEOC sues companies over anti-transgender discrimination". MSNBC. September 25, 2014. Retrieved October 5, 2014.
  49. ↑ "Federal Government Sues Companies Over Anti-Transgender Discrimination Claims". BuzzFeed. September 25, 2014. Retrieved October 5, 2014.
  50. ↑ Ford, Zack (April 13, 2015). "Health Clinic Settles With Fired Transgender Worker For $150,000". ThinkProgress. Retrieved May 5, 2015.
  51. ↑ "HHS board rules transgender Medicare recipients can seek coverage for sex-change surgery". Fox News. May 30, 2014. Retrieved June 29, 2014.
  52. 1 2 "Social Security Administration Updates Procedures for Transgender Spouses Following Lambda Legal Advocacy". Lambda Legal.
  53. ↑ "Victory! Lambda Legal Persuades Social Security to Give Survivor Benefits to 92-Year-Old Transgender Widow". Lambda Legal.
  54. ↑ "CompNewsNetwork - OSHA Publishes Guide to Restroom Access for Transgender Workers". Workerscompensation.com. Retrieved June 2, 2015.
  55. ↑ Ennis, Dawn (March 31, 2015). "History in Oklahoma: Feds Sue School for Trans Discrimination". Advocate.com. Retrieved April 10, 2015.
  56. ↑ Stangler, Cole (April 17, 2015). "LGBT Workplace Discrimination: OSHA Announces Landmark Partnership With Transgender Advocacy Group". Ibtimes.com. Retrieved May 5, 2015.
  57. ↑ Ford, Zack. "Feds Tell Insurance Companies That Transgender People Need Mammograms Too". ThinkProgress. Retrieved May 12, 2015.
  58. ↑ "FAQS ABOUT AFFORDABLE CARE ACT IMPLEMENTATION (PART XXVI)" (PDF). www.cms.gov. May 11, 2015.
  59. ↑ Human Rights Campaign. "HHS Rules Transgender Woman Entitled to Surgical Benefits Provided by Medicare Advantage Insurers". Human Rights Campaign. Archived from the original on February 21, 2017. Retrieved June 28, 2017.
  60. 1 2 "Trump Administration Rescinds Protections For Transgender Students | HuffPost". Huffingtonpost.com. February 22, 2017. Retrieved January 18, 2018.
  61. ↑ "Task Force applauds Supreme Court ruling upholding Affordable Care Act". TaskForce. June 28, 2012. Archived from the original on November 13, 2012. Retrieved November 6, 2012.
  62. 1 2 National Center for Transgender Equality (March 17, 2015). "Court: Obamacare Protects Trans People in Health Care Settings | National Center for Transgender Equality". Transequality.org. Retrieved March 19, 2015.
  63. 1 2 "Transgender bathroom legal fight reaches Supreme Court". Reuters. July 13, 2016.
  64. ↑ Williams, Pete (August 4, 2016). "Supreme Court Blocks Transgender Bathroom Ruling". NBC News. Retrieved August 8, 2016.
  65. ↑ Grindley, Lucas (March 6, 2017). "Grimm Case Vacated, Sessions Sets Back Trans Rights at Supreme Court". Advocate.com. Retrieved March 7, 2017.
  66. ↑ "Judges send Gavin Grimm case back to lower court". Associated Press. August 2, 2017. Archived from the original on August 4, 2017. Retrieved August 4, 2017.
  67. ↑ Weigel, David (December 31, 2016). "Federal judge issues injunction against Obama administration abortion, transgender regulations". The Washington Post. Retrieved January 4, 2017.
  68. ↑ "Texas Judge Issues Nationwide Injunction On Federal Transgender Health Mandate". KERA News. January 2, 2017. Retrieved January 4, 2017.
  69. 1 2 Grinberg, Emanuella. "Hate-crime case result historic for feds - CNNPolitics.com". Cnn.com. Retrieved December 22, 2016.
  70. 1 2 "Federal Hate Crime Law Used For Transgender Violence For The First Time - BuzzFeed News". Buzzfeed.com. December 15, 2016. Retrieved December 22, 2016.
  71. ↑ "Opponents of FAIR Education Act Fail to Qualify Referendum for 2012 Ballot". www.eqca.org. October 11, 2011. Archived from the original on June 18, 2013. Retrieved January 6, 2013.
  72. ↑ Wetzstein, Cheryl (August 12, 2013). "California enacts nation's first law protecting transgender students". The Washington Times. Retrieved August 13, 2013.
  73. ↑ "California Becomes First State to Ban Gay, Trans 'Panic' Defenses". Advocate.com. September 29, 2014. Retrieved October 5, 2014.
  74. ↑ Molloy, Parker Marie (January 30, 2014). "Maine Trans Student Wins Landmark Discrimination Case". The Advocate. Retrieved July 10, 2017.
  75. ↑ "How North Carolina signed a bill dubbed the most anti-LGBT law in the U.S." pbs.org. Public Broadcasting Service. March 24, 2016. Retrieved May 9, 2016.
  76. ↑ Kopan, Tal; Scott, Eugene (March 24, 2016). "North Carolina governor signs controversial transgender bill". cnn.com. Cable News Network . Retrieved May 9, 2016.
  77. ↑ Gordon, Michael; Price, Mark S.; Peralta, Katie (March 26, 2016). "Understanding HB2: North Carolina's newest law solidifies state's role in defining discrimination". charlotteobserver.com. The Charlotte Observer . Retrieved May 9, 2016.
  78. ↑ Tan, Avianne (March 24, 2016). "North Carolina's Controversial 'Anti-LGBT' Bill Explained". abcnews.go.com. American Broadcasting Company . Retrieved May 9, 2016.
  79. ↑ "The True 'Trauma Trigger' That the North Carolina Bathroom Bill Is Designed to Prevent". National Review . March 30, 2016. Retrieved May 12, 2016.
  80. ↑ Stephanie Russell-Kraft, What's Behind the "Common Sense" Rhetoric of Bathroom Bill?, USC Annenberg School for Communication and Journalism, Religion Dispatches, May 12, 2016.
  81. ↑ North Carolina Democrats file new bill rewriting non-discrimination law Archived February 2, 2017, at the Wayback Machine , May 10, 2016, Fox 46 Charlotte
  82. 1 2 "What Just Happened In North Carolina?". TPM. Retrieved March 27, 2016.
  83. ↑ "North Carolina Bans Local Anti-Discrimination Policies". The New York Times. March 24, 2016. Retrieved May 10, 2016.
  84. ↑ "North Carolina transgender law: Is it discriminatory?" . Retrieved April 25, 2016.
  85. ↑ "North Carolina General Assembly - House Bill 2 Information/History (2016 Second Extra Session)". ncleg.net. Retrieved March 27, 2016.
  86. ↑ "North Carolina Green Party Condemns Lawmakers on HB2". www.gp.org. Archived from the original on April 20, 2016. Retrieved May 10, 2016.
  87. ↑ "5 Things to Know About North Carolina's Radical Anti-LGBT Law". Human Rights Campaign. Archived from the original on May 14, 2016. Retrieved May 10, 2016.
  88. ↑ "North Carolina LGBT Law: State Blocks Anti-Discrimination Measures". NPR. March 24, 2016. Retrieved March 27, 2016.
  89. ↑ "Employment law advocates in NC hope for HB2 changes". newsobserver. Retrieved May 10, 2016.
  90. ↑ Campbell, Colin. "Legislature repeals only lawsuit provision of HB2". CharlotteObserver.com/. Retrieved July 13, 2016.
  91. ↑ Fausset, Richard (March 30, 2017). "Bathroom Law Repeal Leaves Few Pleased in North Carolina". The New York Times. Retrieved March 30, 2017.
  92. ↑ O'Hara, Mary Emily (June 10, 2016). "'Nonbinary' is now a legal gender, Oregon court rules". The Daily Dot . Retrieved June 10, 2016.
  93. ↑ Levin, Sam (June 15, 2017). "'Huge validation': Oregon becomes first state to allow official third gender option". The Guardian . Retrieved June 15, 2017.
  94. ↑ Grinberg, Emanuella (June 27, 2017). "You can now get a gender neutral driver's license in D.C." CNN. Retrieved June 29, 2017.
  95. ↑ "Army eases ban on transgender soldiers". Usatoday.com. February 16, 2015. Retrieved March 7, 2015.
  96. ↑ Pilkington, Ed (June 5, 2015). "US air force: being transgender is no longer grounds for discharge". the Guardian.
  97. ↑ "Hawaii Local Breaking News and Headlines - Navy, Marines end directive to discharge transgender members - Hawaii News - Honolulu Star-Advertiser". Staradvertiser.com. June 26, 2015. Retrieved July 3, 2015.
  98. 1 2 Ray Locker and Tom Vanden Brook, USA TODAY. "Pentagon moves closer to allowing transgender troops to serve". Usatoday.com. Retrieved July 14, 2015.
  99. ↑ "TMilitary lifts transgender ban s". McClatchy. June 30, 2016. Retrieved June 30, 2016.
  100. ↑ "Trump: Transgender people 'can't serve' in US military". BBC News. July 26, 2017. Retrieved July 27, 2017.
  101. ↑ Trump, Donald J. (August 25, 2017). "Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security". whitehouse.gov . Retrieved August 25, 2017– via National Archives.
  102. 1 2 Savage, Charlie (August 9, 2017). "5 Transgender Service Members Sue Trump Over Military Ban". The New York Times. Retrieved August 18, 2017.
  103. 1 2 3 "Lawsuit Opposes Trump's Ban on Transgender Military Service". NBC News. Associated Press. August 9, 2017. Retrieved August 18, 2017.
  104. ↑ "ACLU sues Trump over transgender military ban". San Francisco Chronicle . Associated Press. August 28, 2017. Archived from the original on August 29, 2017. Retrieved August 28, 2017.
  105. ↑ "ACLU sues Trump over transgender military ban". Los Angeles Times . Associated Press. August 28, 2017. Retrieved August 28, 2017.
  106. ↑ Kennedy, Merrit (August 28, 2017). "2 Lawsuits Challenge Trump's Ban On Transgender Military Service". NPR. Retrieved August 28, 2017.
  107. ↑ "Complaint for Declaratory and Injunctive Relief". Lambda Legal. August 28, 2017. Retrieved August 28, 2017.
  108. ↑ "Equality California Files Suit Against Trump Administration to Block Transgender Military Ban | Equality California". Eqca.org. September 5, 2017. Retrieved September 6, 2017.
  109. ↑ Siddiqui, Sabrina (August 29, 2017). "Transgender troops can stay in US military for now, James Mattis says". The Guardian. Retrieved August 29, 2017.
  110. 1 2 "Enabling All Qualified Americans to Serve Their Country in Uniform". The White House. January 25, 2021. Retrieved January 25, 2021.
  111. ↑ "HUD Secretary Shaun Donovan announces new regulations to ensure equal access to housing for all Americans regardless of sexual orientation or gender identity" (Press release). United States Department of Housing and Urban Development. January 30, 2012. Archived from the original on March 6, 2012. Retrieved March 6, 2012.
  112. ↑ "Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity" (PDF). Federal Register. February 3, 2012. Retrieved March 6, 2012.
  113. ↑ Villarreal, Yezmin (June 29, 2015). "ICE: Transgender Immigrants to Be Detained According to Gender Identity". Advocate.com. Retrieved July 5, 2015.
  114. ↑ Maria L La Ganga (March 24, 2016). "US prohibits imprisoning transgender inmates in cells based on birth anatomy". the Guardian.
  115. ↑ "Homeless shelters facing new transgender rules". TheHill. September 20, 2016. Retrieved September 21, 2016.
  116. ↑ "The Guidelines For Protection Of Transgender Prisoners Just Got Rewritten : The Two-Way". NPR. October 13, 2016. Retrieved May 13, 2018.
  117. ↑ Golash, Deirdre (July 26, 2010). Freedom of Expression in a Diverse World. Springer. pp. 196–. ISBN   9789048189984 . Retrieved November 17, 2012.
  118. ↑ Barclay, Scott; Bernstein, Mary; Marshall, Anna-Maria (September 1, 2009). Queer Mobilizations: Gay, Lesbian, Bisexual, and Transgendered Activists Confront the Law. NYU Press. pp. 200–. ISBN   9780814791301 . Retrieved November 17, 2012.
  119. ↑ Browell, Douglas K. (1976–1977). "M.T. v. J.T.: An Enlightened Perspective on Transsexualism". Capital University Law Review. 6: 403.
  120. ↑ "Case # 04-99-00010-CV". Texas Fourth Court of Appeals. 2000. Archived from the original on May 3, 2010. Retrieved May 7, 2009.
  121. ↑ "85030 -- In re Estate of Gardiner". Court of Appeals of the State of Kansas. 2000. Archived from the original on October 11, 2008. Retrieved May 7, 2009.
  122. ↑ "J'Noel Gardiner marriage declared invalid". Genderadvocates.org. Archived from the original on October 13, 2012. Retrieved May 15, 2012.
  123. ↑ Michael J Kantaras v Linda Kantaras [2003] Case No. 98-5375CA. 511998DR005375xxxWS, 6th Circuit
  124. ↑ Emanuella Grinberg (June 16, 2005). Settlement reached in transsexual custody case. CNN
  125. ↑ Canedy, Dana (February 18, 2002). Sex Change Complicates Battle Over Child Custody. New York Times
  126. ↑ "re Jose Mauricio LOVO-Lara, 23 I&N Dec. 746 (BIA 2005)" (PDF). Retrieved May 15, 2012.
  127. ↑ "NBCC | National Board for Certified Counselors & Affiliates". www.nbcc.org. Retrieved May 9, 2024.
  128. ↑ "Headed to the Supreme Court? Gender-Affirming Care for Transgender Youth". University of Cincinnati Law Review Blog. September 20, 2023. Retrieved May 9, 2024.
  129. 1 2 3 4 5 Williamson, Myles (October 17, 2023). "A Global Analysis of Transgender Rights: Introducing the Trans Rights Indicator Project (TRIP)". Perspectives on Politics: 1–20. doi: 10.1017/S1537592723002827 . ISSN   1537-5927.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.