Home of the updated U.S. Constitution, starring the 28th Amendment!
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“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.”
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.