It’s not about Bathroom Policies, it’s about Constitutional Principles
The First Transgender Rights Case Before the US Supreme Court
Lagrand, Türkan Ertuna
Author
aut
Text
xx#
2020
Verfassungsblog
2020-04-24
eng
The United States Supreme Court is expected to soon deliver its judgment in the first transgender rights case before it. In the absence of federal laws protecting transgender persons from discrimination, the case revolves around the question whether the prohibition of discrimination ‘because of … sex’ transgender discrimination. The US Supreme Court appears to turn this into a question of political deliberation, bathroom policies and dress codes. The ECJ, on the other hand, instead of getting lost in policy discussions, has already in 1996 recognized the protection of transgender persons against discrimination based on the core constitutional principle of equality. The ECJ’s approach does in fact have a foothold under US case law and the US Supreme Court could seize the opportunity to bring transgender persons closer to enjoying the same rights as the general population.
CC BY-NC-ND 4.0
Lagrand, Türkan Ertuna
funded by the government
Discrimination
ECJ
Equality
342
https://staging.verfassungsblog.de/its-not-about-bathroom-policies-its-about-constitutional-principles/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20200425-044552-0
200424
10.17176/20200425-044552-0
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