CONSTITUTIONAL PRIVACY AND THE FIGHT OVER ACCESS TO SEX-SEGREGATED SPACES

The battle over transgender rights is raging on many fronts. Despite some local and national victories for transgender activists in the past few years, the battle is far from over. States like North Carolina have tried to bar transgender people from using bathrooms and locker rooms not matching thei...

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Bibliographic Details
Published in:Harvard law review 2020-03, Vol.133 (5), p.1684-1705
Main Author: Harvard Law Review
Format: Article
Language:English
Subjects:
Access
Access control
CIVIL LIBERTIES
Civil rights
CONSTITUTIONAL LAW
Constitutional rights
Employment
EMPLOYMENT LAW
GENDER IDENTITY
Law and legislation
Laws, regulations and rules
Legal status, laws, etc
Prisoners
PRIVACY
Public restrooms
Public spaces
Remedies
Right of privacy
SEX DISCRIMINATION
Sexual minorities
Supreme courts
Transgender people
Transgender persons
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Summary:The battle over transgender rights is raging on many fronts. Despite some local and national victories for transgender activists in the past few years, the battle is far from over. States like North Carolina have tried to bar transgender people from using bathrooms and locker rooms not matching their birth-assigned sexes. At the federal level, President Donald Trump's Department of Justice and Department of Education have revoked Obama-era guidance protecting transgender students in schools. President Trump also rolled back protection for transgender service-members: on 26 July 2017 he tweeted that transgender people should be barred from serving in the US military, and a version of his ban went into effect in 2019. This Term, the Supreme Court will determine whether Title VII of the 'Civil Rights Act of 1964' prohibition of employment discrimination "because of . . . sex" prevents employers from firing transgender workers because of their gender identity.
ISSN:0017-811X
2161-976X