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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.[1] There has been a steady increase in the number of anti-transgender bills introduced each year,[2][3] especially in Republican-led states.[4]
Transgender employees are nationally protected from employment discrimination following a 2020 ruling where the Supreme Court held that Title VII protections against sex discrimination in employment extend to transgender employees. The Equality Act, if passed, would prohibit discrimination on the basis of gender identity in employment; housing; public accommodations; education; federally funded programs; credit; and jury service.[5]
The Transgender Bill of Rights, if passed, would amend the Civil Rights Act to prohibit discrimination on the basis of sex, enforce prohibitions on discrimination in health care on the basis of gender identity and amend federal education laws to ensure that trans students are protected from discrimination. This bill also specifically allows students to join sports teams that match their gender identity and protects access to gender affirming care for minors and adults, which would subsequently overturn various bans passed at a state level by conservative legislatures across the country.[6][7] It also federally bans conversion therapy practices and forced surgery on intersex children as well as invests in community services to prevent violence against trans and nonbinary people and requires the Attorney General to designate a liaison within the Civil Rights Division of the Department of Justice dedicated to advising and overseeing enforcement of the civil rights of transgender people.[8]
Most states allow updating gender identity on birth certificates and driver's licenses, although some require proof of gender-affirming surgery or prohibit updating these fields altogether. Some states legally recognize non-binary citizens, and offer an "X" marker on identification documents.[9] Gender self-identification (including an "X" option) is permitted for passports. Laws concerning name changes in U.S. jurisdictions are also a complex mix of federal and state rules.
The Supreme Court's decision in Obergefell v. Hodges established that equal protection requires all jurisdictions to recognize same-sex marriages, giving transgender people the right to marry regardless of whether their partners are legally considered to be same-sex or opposite-sex. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, of 2009, added crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability to the federal definition of a hate crime. However, only some states and territories include gender identity in their hate crime laws.
Throughout the United States, transgender rights are a target of conservatives and the Republican Party.[10][11] Restrictions and bans on gender-affirming care, hormone therapy, and drag are common in red states alongside queer-oriented literature, and academic curricula (i.e., gender and sexuality studies, etc.) have been prohibited by state governments in public schools.[12]
- ^ Caputo, Marc (May 16, 2022). "GOP candidates unleash wave of ads targeting transgender rights". NBC News. Archived from the original on June 4, 2023. Retrieved June 3, 2023.
- ^ Parks, Casey (June 14, 2023). "LGBTQ+ Americans have stronger support than ever — and fiercer backlash". Washington Post. ISSN 0190-8286. Retrieved June 14, 2023.
- ^ Zoledziowski, Anya (December 21, 2022). "How 2022 Became the Year Trans Hate Went Mainstream". www.vice.com. Retrieved March 24, 2023.
- ^ Cite error: The named reference
:8was invoked but never defined (see the help page). - ^ "House Passes The Equality Act: Here's What It Would Do". NPR. February 24, 2021. Retrieved April 23, 2021.
- ^ Migdon, Brooke (March 30, 2023). "Ahead of Transgender Day of Visibility, Democrats press bill of rights". The Hill. Retrieved October 27, 2023.
- ^ Rummler, Orion (March 30, 2023). "Exclusive: Democrats reintroduce federal Trans Bill of Rights as GOP tries to advance restrictions". The 19th. Retrieved October 27, 2023.
- ^ "Sen. Markey and Rep. Jayapal Introduce the Trans Bill of Rights Ahead of International Transgender Day of Visibility". markey.senate.gov. March 30, 2023. Retrieved October 30, 2023.
- ^ O'Hara, Mary Emily (June 10, 2016). "'Nonbinary' is now a legal gender, Oregon court rules". The Daily Dot. Archived from the original on June 10, 2016. Retrieved June 10, 2016.
- ^ Warburton, Moria; Horowitch, Rose (July 14, 2022). "Republicans in Congress lay groundwork for anti-transgender push". Reuters. Archived from the original on June 3, 2023. Retrieved June 3, 2023.
- ^ Block, Melissa (June 29, 2022). "Americans are deeply divided on transgender rights, a poll shows". NPR News. Archived from the original on June 3, 2023. Retrieved June 3, 2023.
- ^ "Mapping Attacks on LGBTQ Rights in U.S. State Legislatures". American Civil Liberties Union. June 3, 2023. Archived from the original on June 4, 2023.
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