Ee Final Draft 1

How successfully have preexisting civil rights laws been applied to transgender individuals within the
United States?
How have successfully have preexisting civil rights laws been applied to
transgender individuals within the United States?
Personal Code:
Extended Essay in Politics
Word Count: 3578
1
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Table of Contents
Introduction………………………………………………………………………………page 3
A Global
Perspective………………………………………………………………………………page 5
Federal Civil Rights
Laws………………………………………………………………………....page 7
State Level
Laws………………………………………………………………………………….page 11
Effect on
Individual………………………………………………………………………………..page 13
Conclusion………………………………………………………………………………page 17
Bibliography……………………………………………………………………………page 19
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Introduction
Rights for transgender individuals have increasingly become a topic of debate in
US politics in recent years. First of all, it is important to note that the term transgender is
used to describe individuals with a gender identity that is different than the one they
were assigned at birth. As with the growth of any group in the social pyramid, such as
women in the 1920s, the discussion has arisen if certain civil rights laws should also be
applied to transgender individuals. These civil rights laws, which we can define as laws
that protect a person from unequal treatment based on characteristics such as race,
gender, or religion, are critical focal point of the argument that has arisen. Basically, the
issue is whether or not the transgender can be defined as a group protected by laws like
the Civil Rights Act of 1964 or other civil rights laws. The issue of transgender rights is
split between a group that supports the expansion of their rights and tries to generate
new legislation for these people, and a group of people who claim that the presence of
transgender people is a risk to public safety because sexual predators could abuse this
power as a means of committing heinous acts. However, there is very little evidence to
support this claim and the real issue that emerges is the mental and physical well being
of transgender people when they are forced to use facilities that don’t correspond to
their gender identity. Studies have often shown that these people are far more prone to
depression, drug use, alcohol use, and many other issues because they feel outcast
from society. Furthermore, a very strong argument can be made that transgender
people should be protected be protected at a federal level due to the fact that many
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other laws like the Civil Rights Act of 19641, the Violence Against Women Act that was
reauthorized in 20132, The Hate Crime Prevention Act3, Fair Housing Act or Civil Rights
Act of 19684, and the education amendment established in May of 20165. Furthermore,
many court cases have confirmed that these civil rights are applicable to the case of
transgender people in America. For instance, court cases like Smith vs the City of
Salem6 have confirmed that transgender people fall under the protection of civil rights
laws that outlaw discrimination based on gender identity. There is also very little
evidence to show that transgender people jeopardize the safety of women by using the
bathrooms of the genders that they identify with. Transgender individuals need to be
guaranteed certain health benefits to ensure that they have access to facilities they
need to maintain their health. Many states in America don’t recognize these
fundamental rights that transgender people have and thus, many of these people do not
have access to the care that they need. The situation for transgender people across the
world tells us that America has a lot of work to do before transgender people are equal.
1
“An Act.” EEOC Home Page, EEOC,
www.eeoc.gov/eeoc/history/35th/thelaw/civil_rights_act.html
2
“S. 47 (113th): Violence Against Women Reauthorization Act of 2013.” GovTrack.us, 19 Mar.
2013, www.govtrack.us/congress/bills/113/s47/text.
3
Kennedy, Edward. “Text - S.909 - 111th Congress (2009-2010): Matthew Shepard Hate Crimes
Prevention Act.” Congress.gov, 28 Apr. 2009,
www.congress.gov/bill/111th-congress/senate-bill/909/text.
4
“Fair Housing Act.” Findlaw, civilrights.findlaw.com/discrimination/fair-housing-act.html.
5
“U.S. Departments of Education and Justice Release Joint Guidance to Help Schools Ensure the
Civil Rights of Transgender Students.” U.S. Departments of Education and Justice Release Joint
Guidance to Help Schools Ensure the Civil Rights of Transgender Students | U.S. Department of
Education, U.S. Department of Education, 13 May 2016,
www.ed.gov/news/press-releases/us-departments-education-and-justice-release-joint-guidance-h
elp-schools-ensure-civil-rights-transgender-students.
6
Jane. “Transgender Law Notes.” Smith v. City of Salem, 1 Jan. 1970,
transgenderlawpolitics.blogspot.com/2011/08/smith-v-city-of-salem.html.
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It is necessary to determine how civil rights laws need to be applied to transgender
people to prevent discrimination in the United States.
Investigation
A Global perspective
Looking at how the rest the world’s political institutions can provide us with
unique perspectives that may be able to be applied to in the political situation in the
United States. For instance, it is important to realize that the situation for transgender
people around the world is very mixed, and is often far more unfavorable than in the
United States. The United Nations has established a code by which all nations must
adhere to: The Universal Declaration of Human Rights. This declaration has been
identified as the basis for international human rights law and lays the groundwork for an
encompassing set of guidelines to be followed by members of the UN. Article 3, which
guarantees a right to life, liberty, and security of person, article 5, which prohibits
degrading treatment or punishment, and article 7, which guarantees equal protection
from abuses outlined in the declaration are particularly applicable to the subject of
transgender rights because they protect people from cruel treatment and protect basic
rights that relate to a person’s liberty and personal well being.7 Throughout many cases
in the world, we can see differing perspectives on if these guidelines should apply to the
area of transgender rights or more importantly, if the declaration itself is viable in
protecting rights in all countries, or is merely an idealistic pipe dream for establishing a
7
“Universal Declaration of Human Rights.” United Nations, United Nations,
www.un.org/en/universal-declaration-human-rights/.
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global order of equal rights.In many countries, transgender people have been
criminalized for their gender identity. For instance, in Malaysia, gender reassignment
surgery is completely illegal because of Sharia law and transgender rights activists are
brutally beaten to the point of hospitalization. Furthermore, Iran only recognizes the
rights of transgender people if they have completely undergone gender reassignment.
Aso, the changing of name and gender without surgery is still illegal in 34 countries
throughout Europe8. Clearly, much of the world has as much work to do, if not more to
do than the United States if transgender people are to have equal rights. America can
lead the charge in this area and rise up to its advertised creed that all men are created
equal.
In many cases, the U.S can take the example of other countries that have led the
way in paving out new rights for transgender people. For instance, Argentina’s Gender
Identity law that was passed in 2012 made gender reassignment surgery a legal right
for transgender people that make the decision to undergo the procedure9. Because of
the fact that the surgery is very expensive, many people would not be able to undergo it
unless it were a legal right provided by the government. For instance, in the United
States surgery is not a legal right and thousands of transgender people are forced to
live lives with astigmatism placed on their gender identity and are usually subject to vast
amounts of public humiliation. Denmark has also taken a highly liberal approach to
transgender rights and became the first country not to label transgender people as
8
Ansari, Azadeh. "Transgender Rights: These Countries Are Ahead of the US." CNN. Cable
News Network, 23 Feb. 2017. Web. 31 May 2017.
9
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having ‘gender identity disorder’10. In addition, a law passed in Malta set up a standard
where the law respects each person’s right to change official documents to correspond
with their gender identity11.The laws established by these countries are far more
effective than anything that has been established within the U.S. Furthermore, virtually
no problems have been generated as a result of the implementation of these laws.
Furthermore, if the United States abides by the guidelines set by articles 3,5, and 7 of
the Universal Declaration Human Rights then it must be argued that the US and other
nations must implement their own laws that enforce ideas outlined by the UN and
provide validity to the Universal Declaration of Human Rights12. In the next section,
federal civil rights laws that might be applicable to the case of transgender rights will be
explored.
Federal Civil Rights Laws
The political climate in the United States has become mixed surrounding the area
of transgender rights. The Williams Institute estimates that around 1.4 million adults
identify as transgender in the U.S or around .6% of the total adult population.
Furthermore, the number of adults who identify as transgender by state averages out to
around the same percentage as the number in the entire country. That is, in states
where with higher transgender people these numbers are around .8% of the population
and are around .3% of the population in states with less transgender people. These
10
11
12
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numbers are around double what they were a decade ago due to a loosening public
opinion on transgender rights and the increasing political trend of liberalism over recent
years. This number will likely rise due to the fact that young people are far more likely to
identify as transgender than older people. And because there are technically no federal
laws in place to bar discrimination against transgender people, the issue is left up to the
will of state legislatures. This means that states are legally able to set up laws that
discriminate against these people. Although many states like California have set up
laws that expand laws that expand transgender rights and ban discrimination based on
gender identity13, these laws are unable to reach out and help transgender people in
many other states of the union. Many states like North Carolina have instituted laws that
halt the progress for transgender and allow for discrimination in public accommodations
to be permissible by the law.
Although there are technically no federal laws that specifically refer to
transgender as being protected against discrimination, many other laws have been
applied to transgender people and prove that there already is a legal precedent in place
that protects transgender people against discrimination. One of these laws, the
fourteenth amendment, includes a clause known as the equal Protection Clause that
entitles all americans to protection against people against discrimination based on
gender. Although gender wasn’t specifically referred to as a protected class, later court
cases such as Reed v. Reed14 that prevented ses discrimination when there was no
13
"A Practitioner's Guide to California Transgender Law: A Reference Guide for California Lawyers
and Advocates." Transgender Law Center. N.p., n.d. Web. 31 May 2017.
14
“ Reed v. Reed.” LII / Legal Information Institute, 22 Nov. 1971,
www.law.cornell.edu/supremecourt/text/404/71.
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logical reason for discrimination. Another law that shows a legal basis for the protection
of transgender people is the Civil Rights Act of 1964. Specifically, Title VII of the Civil
Rights Act of 1964 made sure that discrimination based on sex was also prohibited and
is considered one of the protected classes in matters of employment15. This was
clarified by the court ruling in Smith v. City of Salem16 that stated that transgender
people qualify as one of the protected groups in Title VII because discrimination based
on sex was illegal. This decision was upheld again in the court case, Barnes vs
Cincinnati17, and again in Schroer v. James H. Billington. In addition, the ruling in
Schroer v. James H. Billington reaffirmed the court decision that “sex stereotyping”18
was illegal under Title VII as established in Hopkins vs Price Waterhouse. These court
cases directly show that Title VII of the Civil Rights Act is applicable to the case of
transgender people in the United States of America. If Title VII of the Civil Rights Act
can be applied to transgender people then there is no reason why the rest of the bill,
which bans discrimination in public facilities should not be considered a valid protection
for transgender people.
15
Staff, SDGLN. "VIDEO: Eleventh Circuit Upholds Victory for Transgender Employee Fired by
Georgia Legislature." San Diego Gay and Lesbian News. N.p., 06 Dec. 2011. Web. 31 May
2017.
16
“Transgender Law Notes.” Smith v. City of Salem, 1 Jan. 1970,
Jane.
17
“Transgender Law Notes.” Smith v. City of Salem, 1 Jan. 1970,
Jane.
18
Order.” Schroer v. Billington, United States District Court for the District of
“Memorandum
Columbia, 28 Nov. 2007, www.aele.org/law/2008FPFEB/schroer-billington.html.
9
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Another law, the Violence Against Women Act (or VAWA)19, which was
reauthorized in 2013, provided legal protection for for underserved populations that are
at a disadvantage when it comes to violence in discrimination. The definition of
underserved populations was then changed to include include transgender people as
protected under the law. It furthered measures to end discrimination against
transgender people by “cross referencing existing civil rights protections” to include
gender identity as protected against discrimination. This further proves the fact that
many civil rights laws can be used as a basis of protecting transgender people against
discrimination based on their gender identity. The VAWA also makes it clear that
allowing transgender people to identify as the sex they choose is necessary to
protecting people against the violence referred to throughout the summary of the law.
This is further shown by the fact that the Hate Crime Prevention Act20 includes gender
identities which made attacks based on gender identity as a hate crime back in 2009.
There had also been a legal precedent set that transgender people cannot be
discriminated against in cases for housing. That is, the U.S department of Housing and
Urban Development strictly stated that transgender tenants or homebuyers from being
discriminated against because of their gender identity. This was a law that was first
established in the Fair Housing Act or Civil Rights Act of 1968 that prevented that exact
discrimination from taking place
19
"Transgender People and the Law." American Civil Liberties Union. ACLU, n.d. Web. 31 May
2017.
20
Riha, Anne M. "President Obama Signs Hate Crime Prevention Act." Fox News. FOX News
Network, 28 Oct. 2009. Web. 31 May 2017.
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The department of justice also put out guidelines on how schools should go
about addressing transgender issues in May of 2016. Title IX of the education
amendments set by the department of justice established that transgender students
may go about their business according to the gender they identify as21. This included
allowing students to use bathrooms according to their gender identity while on field trips,
ensuring that faculty refer to them with the correct pronouns, and participating in classes
and extracurricular classes that are consistent with their gender identity with the
exception of competitive sports. Also, it was established that schools need to ensure
that transgender students have access to the services they need, make sure these
people's’ rights are well known, develop plans for transitioning students, and working to
ensure that communities comply with the terms set for transgender people.
State Level Laws
Many states have set up laws that have expanded the rights of transgender
people. For instance, California passed and implemented a law that removes gender
requirements from single occupancy bathrooms in public places. Furthermore,
California also agreed to pay for gender reassignment surgery for transgender inmates,
no longer requires gender reassignment surgery to change the gender on birth
certificates and ensure that the gender on all legal documents match one’s gender
21
“U.S.
Departments of Education and Justice Release Joint Guidance to Help Schools Ensure
the Civil Rights of Transgender Students.” U.S. Departments of Education and Justice Release
Joint Guidance to Help Schools Ensure the Civil Rights of Transgender Students | U.S.
Department of Education, U.S. Department of Education, 13 May 2016,
www.ed.gov/news/press-releases/us-departments-education-and-justice-release-joint-guidance-h
elp-schools-ensure-civil-rights-transgender-students.
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expression22. Other states with more urban population centers have taken similar
stances and passed similar laws as in California. For instance, Vermont has adopted an
open policy towards transgender people and has been remarked as “at the forefront of
recognizing the next step in identity politics”23. A few more states have begun to take
California and Vermont’s example, but the fact of the matter is that states like these are
the exception and most transgender people do not fully acquire these rights throughout
the country. Unfortunately, this is the best that can be done since the federal
government has left the issue to be dealt with by the states.
The situation for transgender people in other states is much worse. For example,
North Carolina known as House Bill 2 required transgender people to only use
bathrooms based on their gender at birth. Furthermore, Mississippi passed a law similar
to the one in North Carolina that legally declared that gender can only be defined as
“immutable biological sex at time of birth”. Therefore, transgender people may not use
bathrooms that correspond to their gender identity. Also, if the rhetoric of politicians like
Dan Patrick, Lieutenant Governor of Texas,are any indication then there is a large
contingency of people that view view the wishes as unimportant and that it's “common
sense”24 that transgender people should only be allowed to use bathrooms according to
their biological gender at birth. Attitudes such as these often directly contribute to bully
22
"A Practitioner's Guide to California Transgender Law: A Reference Guide for California Lawyers
and Advocates." Transgender Law Center. N.p., n.d. Web. 31 May 2017.v
23
ditors, R29, et al. “The Trans Rights Map: How Does Your State Rank?” Best States For
E
Transgender Rights - 50 States Equality, 15 May 2015,
www.refinery29.com/2015/03/83531/transgender-rights-by-state.
24
Scherer, Michael, et al. "Battle of the Bathroom.. (Cover Story)." ["Time"]. Time, vol. 187, no.
20, 30 May 2016, pp. 30-37. EBSCOhost,
search.ebscohost.com/login.aspx?direct=true&db=khh&AN=115447434.
12
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epidemics for transgender people because they are forced to use facilities that don’t
align with their gender identity. One study shows that suicide rates had grown by 40%25
by men and women who were denied access to a bathroom because of their gender
identity. Another survey showed that around 70%26 of transgender people reported
instances of harassment based on their gender in public bathrooms and often avoid
using public facilities to evade this issue. States that allow for discrimination in
bathrooms encourage this behavior to happen despite the fact that they claim they don’t
want anybody to be “harassed or bullied”. In fact, the Human RIghts Watch even
argued that these states violate international laws to provide students with measures of
protection that they are entitled to as children27.The results of the policies many states
have implemented directly contradict their supposed desire to prevent bullying.
Problems such as these are more than likely to continue if they remain decided at state
and local levels and are neglected by the federal government.
Effect on Individual
25
20, 30 May 2016, pp. 30-37. EBSCOhost,
26
20, 30 May 2016, pp. 30-37. EBSCOhost,
27
Bochenek, Michael|Brown A. Widney. "Hatred in the Hallways: Violence and Discrimination
against Lesbian, Gay, Bisexual, and Transgender Students in U.S. Schools." ERIC. Human
Rights Watch, 350 Fifth Avenue, 34th Flr., New York, NY 10118-3299. For Full Text:
Http://www.hrw.org., 30 Apr. 2001. Web. 31 May 2017.
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Individuals that undergo the gender change process often face a complicated
and expensive road ahead. The process of changing one’s gender is basically subject
to the state that one is living in due to the fact that there are no federal laws that
specifically dictate how this issue should be addressed on a federal level and therefore,
laws about what constitute a legal gender change are very inconsistent throughout the
United States. This is a complicated process that effectively changes the gender that
appears on your social security, driver's license, and other forms of ID. Because the
process to change your gender is very complicated and very expensive in some states,
transgender people are often subject to humiliating scenarios as shown in Last Week
Tonight where two transgender women were forced to make themselves look like men
despite the fact that they identify as women. Experiences like these undoubtedly have
profound psychological and emotional effects on transgender people. Cases of public
humiliation and prejudice toward transgender people due to the fact that their gender
does not match the gender on their birth certificates are quite common and clearly
contribute to the large amounts of bullying face by them throughout their lives. Many
states, like Virginia, make the process of changing gender on official documents very
difficult and include gender reassignment surgery and a special court order to be
considered ‘legal’. This is a problem because most insurance companies do not cover
gender reassignment surgery and prices can range up to $140,45028 for a male to
The Associated, Press. Groups Want Easier Process to Change Gender on Birth Records. AP
28
Regional State Report - Virginia, Associated Press DBA Press Association, 11/20/2015.
EBSCOhost,
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female transition and around $120,40029 for female to male transitions. The majority of
Americans do not make nearly enough money to pay for this surgery isn’t covered by
the government. This means that transgender people are often in the unfortunate
position of not being able to transition to their gender identity, and not being recognized
by the government for who they really are. This also results in a significant social
stigmatism for transgender people who are afraid to leave the house because of the
fear of lacking “passability” in everyday life. Since the case of Virginia is true throughout
many states in the union and there are no federal laws in place that designate
otherwise,this remains a harsh reality for thousands of transgender people.
The result from these types of laws is often detrimental to the wellbeing of many
transgender individuals throughout the country. The common political argument against
allowing transgender people to use the facilities according to their gender identity is that
they pose a risk to public safety and open the door for acts of sexual assault to become
far more frequent. However, there is really no basis for this argument just as there was
no basis for segregation in the Jim Crow south when public showers were desegregated
and people feared for the safety women throughout the south. The truth of the matter is
that most statistical analyses indicate that the number of acts of sexual assault
committed by transgender people or who claim to be transgender are very low. In fact
some sources, like the American Civil Liberties Union, show that there is basically no
statistical evidence to show that transgender people abuse bathroom laws in order to
The Associated, Press. Groups Want Easier Process to Change Gender on Birth Records. AP
29
Regional State Report - Virginia, Associated Press DBA Press Association, 11/20/2015.
EBSCOhost,
15
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commit sexual assault30. In fact, the opposite is more often true where transgender
people are harassed and assaulted by people in bathrooms. Around 70% of
transgender people report that they have been victims of harassment in bathrooms
throughout their lives31. Furthermore, rates of depression and suicide rates for people
who don’t conform to traditional gender norms are quite high. In fact, a Williams Institute
study even found that suicide rates amongst trans-men to be around 46%32, and rates
for trans-women to be 42%33 and concluded that there was “an exceptionally high
prevalence of lifetime suicide attempts reported by NTDS respondents across all
demographics and experiences”34. This directly conflicts with pre established civil rights
laws in the US and the Universal Declaration of Human RIghts that assert security of a
person is a right35. Therefore, concerns over safety in bathrooms are misplaced by
many politicians. It is clear that there is an ideological divide between the two sides of
the debate that allows for distortions of facts to take place.
30
"Transgender People and the Law." American Civil Liberties Union. ACLU, n.d. Web. 31 May
2017.
31
20, 30 May 2016, pp. 30-37. EBSCOhost,
32
Haas, Ann P, et al. “Suicide attempts among Transgender and Gender Non-Conforming
Adults: Findings of the National Transgender Discrimination Survey.” Williamsinstitute.law.edu,
American Foundation for Suicide Prevention, the Williams Institute , 14 Jan. 2014,
williamsinstitute.law.ucla.edu/wp-content/uploads/AFSP-Williams-Suicide-Report-Final.pdf.
33
34
35
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Conclusion
The debate surrounding transgender rights in America has largely become
polarized and is question of both political ideology and regional differences. The fact of
the matter is that there are simply too many transgender people for the issue to be
swept under the rug and ignored. Many states have already begun to legislate more fair
laws for transgender people and have already seen the benefits. However, these
benefits do not go beyond the borders of their own state and cannot help every
transgender person in America. Becaused of the fact that many states still deny
transgender people basic rights that ensure their safety and improve their quality of life,
the issue can no longer be addressed on the state level. It has become apparent that
federal action needs to be taken to ensure that every transgender person in America
can enjoy equal rights. It is also clear that a legal foundation for protecting transgender
people throughout the entire country. Many court cases have proven the fact that
existing civil rights laws may already provide a legal basis for providing transgender
people with protection on a federal level. Furthermore, this issue must be solved on a
federal level because many states will subject transgender people to oppressive laws
otherwise. It is also necessary to learn from the failures and successes of the world in
the same area. Objections to transgender rights are generally unfounded and put
unneeded restrictions on transgender people. Investigation into this subject matter show
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us that it is a necessity for civil rights laws to protect transgender people against
discrimination.
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Bibliography
1. Scherer, Michael, et al. "Battle of the Bathroom.. (Cover Story)." ["Time"]. Time,
vol. 187, no. 20, 30 May 2016, pp. 30-37. EBSCOhost,
2. Ansari, Azadeh. "Transgender Rights: These Countries Are Ahead of the US."
CNN. Cable News Network, 23 Feb. 2017. Web. 31 May 2017.
3. Staff, SDGLN. "VIDEO: Eleventh Circuit Upholds Victory for Transgender
Employee Fired by Georgia Legislature." San Diego Gay and Lesbian News.
N.p., 06 Dec. 2011. Web. 31 May 2017.
4. https://mic.com/articles/114066/statistics-show-exactly-how-many-times-trans-pe
ople-have-attacked-you-in-bathrooms#.OIEUul29S
5. "Http://ljournal.ru/wp-content/uploads/2016/08/d-2016-154.pdf." (2016): n. pag.
Web.
6. Bochenek, Michael|Brown A. Widney. "Hatred in the Hallways: Violence and
Discrimination against Lesbian, Gay, Bisexual, and Transgender Students in U.S.
Schools." ERIC. Human Rights Watch, 350 Fifth Avenue, 34th Flr., New York,
NY 10118-3299. For Full Text: Http://www.hrw.org., 30 Apr. 2001. Web. 31 May
2017.
7. Riha, Anne M. "President Obama Signs Hate Crime Prevention Act." Fox News.
FOX News Network, 28 Oct. 2009. Web. 31 May 2017.
19
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8. "Transgender People and the Law." American Civil Liberties Union. ACLU, n.d.
Web. 31 May 2017.
9. "Changing Your Legal Identification in California." Transgender Law Center.
Transgender Law Center, n.d. Web. 31 May 2017.
10. The Associated, Press. Groups Want Easier Process to Change Gender on Birth
Records. AP Regional State Report - Virginia, Associated Press DBA Press Association,
11/20/2015. EBSCOhost,
search.ebscohost.com/login.aspx?direct=true&db=pwh&AN=APcb1dd5b2db404164af84
0a1af7c57b7e
11. Jackson, Alyssa. "The High Cost of Being Transgender." CNN. Cable News Network, 31
July 2015. Web. 31 May 2017.
12. "A Practitioner's Guide to California Transgender Law: A Reference Guide for California
Lawyers and Advocates." Transgender Law Center. N.p., n.d. Web. 31 May 2017.
13. “Universal Declaration of Human Rights.” United Nations, United Nations,
14. “An Act.” EEOC Home Page, EEOC,
www.eeoc.gov/eeoc/history/35th/thelaw/civil_rights_act.html.
15. Haas, Ann P, et al. “Suicide attempts among Transgender and Gender Non-Conforming
Adults: Findings of the National Transgender Discrimination Survey.”
Williamsinstitute.law.edu, American Foundation for Suicide Prevention, the Williams
Institute , 14 Jan. 2014,
williamsinstitute.law.ucla.edu/wp-content/uploads/AFSP-Williams-Suicide-Report-Final.
pdf.
20
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16. LastWeekTonight. “Transgender Rights: Last Week Tonight with John Oliver (HBO).”
YouTube, Last Week Tonight, 28 June 2015,
www.youtube.com/watch?v=hmoAX9f6MOc.
17. “U.S. Departments of Education and Justice Release Joint Guidance to Help Schools
Ensure the Civil Rights of Transgender Students.” U.S. Departments of Education and
Justice Release Joint Guidance to Help Schools Ensure the Civil Rights of Transgender
Students | U.S. Department of Education, U.S. Department of Education, 13 May 2016,
www.ed.gov/news/press-releases/us-departments-education-and-justice-release-joint-guid
ance-help-schools-ensure-civil-rights-transgender-students.
18. “S. 47 (113th): Violence Against Women Reauthorization Act of 2013.” GovTrack.us, 19
Mar. 2013, www.govtrack.us/congress/bills/113/s47/text.
19. “Fair Housing Act.” Findlaw,
civilrights.findlaw.com/discrimination/fair-housing-act.html.
20. Jane. “Transgender Law Notes.” Smith v. City of Salem, 1 Jan. 1970,
21. Editors, R29, et al. “The Trans Rights Map: How Does Your State Rank?” Best States
For Transgender Rights - 50 States Equality, 15 May 2015,
www.refinery29.com/2015/03/83531/transgender-rights-by-state.
22. “Memorandum Order.” Schroer v. Billington, United States District Court for the District
of Columbia, 28 Nov. 2007, www.aele.org/law/2008FPFEB/schroer-billington.html.
23. “Reed v. Reed.” LII / Legal Information Institute, 22 Nov. 1971,
www.law.cornell.edu/supremecourt/text/404/71.
21
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How successfully have preexisting civil rights laws been applied to transgender individuals within the

transgender individuals within the United States?

Extended Essay in Politics

Word Count: 3578

Federal Civil Rights

Rights for transgender individuals have increasingly become a topic of debate in

It is necessary to determine ​how civil rights laws need to be applied to transgender

people to prevent discrimination in the United States.

encompassing set of guidelines to be followed by members of the UN. Article 3, which

degrading treatment or punishment, and article 7, which guarantees equal protection

area of transgender rights or more importantly, if the declaration itself is viable in

rights of transgender people if they have completely undergone gender reassignment.

no problems have been generated as a result of the implementation of these laws.

Federal Civil Rights Laws

to be permissible by the law.

Although there are technically no federal laws that specifically refer to

entitles all americans to protection against people against discrimination based on

is considered one of the protected classes in matters of employment15. This was

Cincinnati17, and again in Schroer v. James H. Billington. In addition, the ruling in

for transgender people.

at a disadvantage when it comes to violence in discrimination. The definition of

underserved populations was then changed to include include transgender people as

protected under the law. It furthered measures to end discrimination against

transgender people by “cross referencing existing civil rights protections” to include

allowing transgender people to identify as the sex they choose is necessary to

discrimination from taking place

about addressing transgender issues in May of 2016. Title IX of the education

amendments set by the department of justice established that transgender students

State Level Laws

requirements from single occupancy bathrooms in public places. Furthermore,

no longer requires gender reassignment surgery to change the gender on birth

government has left the issue to be dealt with by the states.

have implemented directly contradict their supposed desire to prevent bullying.

and local levels and are neglected by the federal government.

profound psychological and emotional effects on transgender people. Cases of public

otherwise,this remains a harsh reality for thousands of transgender people.

people are harassed and assaulted by people in bathrooms. Around 70% of

prevalence of lifetime suicide attempts reported by NTDS respondents across all

person is a right35. Therefore, concerns over safety in bathrooms are misplaced by

the debate that allows for distortions of facts to take place.

The debate surrounding transgender rights in America has largely become

vol. 187, no. 20, 30 May 2016, pp. 30-37. EBSCO​host​,

CNN​. Cable News Network, 23 Feb. 2017. Web. 31 May 2017.

3. Staff, SDGLN. "VIDEO: Eleventh Circuit Upholds Victory for Transgender

N.p., 06 Dec. 2011. Web. 31 May 2017.

5. "Http://ljournal.ru/wp-content/uploads/2016/08/d-2016-154.pdf." (2016): n. pag.

6. Bochenek, Michael|Brown A. Widney. "Hatred in the Hallways: Violence and

Discrimination against Lesbian, Gay, Bisexual, and Transgender Students in U.S.

NY 10118-3299. For Full Text: Http://www.hrw.org., 30 Apr. 2001. Web. 31 May

FOX News Network, 28 Oct. 2009. Web. 31 May 2017.

Web. 31 May 2017.

9. "Changing Your Legal Identification in California." ​Transgender Law Center​.

Transgender Law Center, n.d. Web. 31 May 2017.

July 2015. Web. 31 May 2017.

13. “Universal Declaration of Human Rights.” ​United Nations​, United Nations,

14. “An Act.” ​EEOC Home Page​, EEOC,

Adults: Findings of the National Transgender Discrimination Survey.”

Williamsinstitute.law.edu​, American Foundation for Suicide Prevention, the Williams

Institute , 14 Jan. 2014,

YouTube​, Last Week Tonight, 28 June 2015,

Students | U.S. Department of Education​, U.S. Department of Education, 13 May 2016,

Mar. 2013, ​www.govtrack.us/congress/bills/113/s47/text​.

It is necessary to determine how civil rights laws need to be applied to transgender

vol. 187, no. 20, 30 May 2016, pp. 30-37. EBSCOhost,

CNN. Cable News Network, 23 Feb. 2017. Web. 31 May 2017.

9. "Changing Your Legal Identification in California." Transgender Law Center.

13. “Universal Declaration of Human Rights.” United Nations, United Nations,

14. “An Act.” EEOC Home Page, EEOC,

Williamsinstitute.law.edu, American Foundation for Suicide Prevention, the Williams

YouTube, Last Week Tonight, 28 June 2015,

Students | U.S. Department of Education, U.S. Department of Education, 13 May 2016,

Mar. 2013, www.govtrack.us/congress/bills/113/s47/text.

For Transgender Rights - 50 States Equality, 15 May 2015,

of Columbia, 28 Nov. 2007, www.aele.org/law/2008FPFEB/schroer-billington.html.

23. “Reed v. Reed.” LII / Legal Information Institute, 22 Nov. 1971,