Home of the updated U.S. Constitution, starring the 28th Amendment!
“Will this provide protections for transgender individuals?”
- Whether the amendment protects transgender individuals is dependent upon the meaning of “sex” in the 28th Amendment (Equal Rights): Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
- In a recent Title VII Supreme Court decision, Bostock v. Clayton County, “sex” was held to include protections for LGBTQ+ individuals.
“It is impossible to discriminate against a person for being homosexual or transgender without discriminating… based on sex.”
Justice Neil Gorsuch, Majority Opinion, Bostock v. Clayton County (2020)
- One issue that could be impacted when the 28th Amendment is enforceable is the issue of conversion therapy. In a resolution adopted in February, 2020, the American Psychological Association stated gender identity change efforts (GICE) “cause harm by reinforcing anti-transgender and anti-gender nonbinary stigma and discrimination; and by creating social pressure on an individual to conform to an identity and/or presentation that may not be consistent with their sense of self.”
- Another issue of interest is the inclusion of transgender athletes in sports. This is a current issue with numerous cases making their way through the courts. In 2011 the NCAA released a transgender inclusion handbook, the rules of which are still followed today.
ADDITIONAL FAQs
What Changes
“What will the 28th Amendment (Equal Rights) really do?”
About Us
“Who is VoteEqualityUS and what’s your plan?”
Abortion
“Doesn’t this open the door for abortion rights?”
Bathrooms
“Will we all have to use the same bathrooms?”
Bipartisan
“Do most Americans support Equal Rights in our Constitution?”
Black Lives Matter
“What’s your position on Black Lives Matter?”
Business Case
“How does gender equality impact businesses?”
Contracts
“Won’t women contractors lose enhanced status for contract bids?”
Convention
“Can’t we just do this during the constitutional convention?”
COVID-19
“What kind of impact is COVID-19 having on gender equality?”
Deadline
“Didn't the ratification deadline already pass?”
Discrimination
“What government gender discrimination is happening now?”
Draft
“Does constitutional equality mean women will be drafted?”
Equal Pay
“Will this help women get paid more equally?”
Family Law
“How will the Equal Rights Amendment impact family law?”
Fear of Unknown
“How can we do this when we don't know what will happen?”
Gender Violence
“How can constitutional gender equality help with gender violence?”
Ginsburg
“Didn’t RBG say something about starting over?”
History
“What is the history of the 28th Amendment (Equal Rights)?”
Insurance
“What about insurance? Someone said my rates will go up.”
International
“How do we compare to other countries?”
Intersectionality
“Is the 28th Amendment (Equal Rights) for all of us?”
Military
“How will the Equal Rights Amendment impact our military?”
Pregnancy
“Will this help with pregnancy discrimination?”
Rescissions
“Didn’t a few states rescind their ratifications?”
Social Security
“Will my widow lose her social security benefits when I die?”
Sports
“Will my daughter lose her girls only soccer team?”
Tax Exempt Status
“Will my church lose its tax exempt status?”
Title VII and Title IX
“How is this different from Title VII and Title IX?”
Topless
“Will women now be walking around topless?”
Transgender
“Will this provide protections for transgender individuals?”
Virginia v Ferriero
“Isn’t there a court case about the 28th Amendment (Equal Rights)?”
