Unprincipled Exclusions: The Struggle to Achieve Judicial and Legislative Equality for Transgender People

This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory language that has been used to protect transgender people, as well as some of the key strategic questions that have arisen in the course of drafting such legislation