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Full-Text Articles in Law
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer Levi
Faculty Scholarship
The Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act of 1973 (“Section 504”), protect people from discrimination based on disability, but not if the disability is one of three archaic medical conditions associated with transgender people: “transvestism,” “transsexualism,” and “gender identity disorders not resulting from physical impairments.” This Article describes the origins of transgender exclusion and discusses why a growing number of federal courts find this exclusion does not apply to gender dysphoria, a new and distinct medical diagnosis. Further, the Authors define the future of disability rights protections for transgender people.
It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman
It’S Still Me: Safeguarding Vulnerable Transgender Elders, Sarah Steadman
Faculty Scholarship
Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to be disabled than the general elder population. Moreover, transgender elders profoundly fear a future when they must rely on others to maintain and protect their gender identity and dignity. This fear is alarmingly realistic because if a transgender elder becomes incapacitated or requires institutional care, they are likely to face discrimination and other harms by their caretakers. In addition, transgender elders who are incapacitated are particularly at-risk if a non-affirming guardian is …
Transgender Tropes & Constitutional Review, Jennifer Levi, Kevin M. Barry
Transgender Tropes & Constitutional Review, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The Trump administration is aggressively and systematically rolling back policies that protect transgender people. History teaches that these governmental attacks are not new, but instead represent the latest salvo in a long but losing battle to disparage transgender people, who have been ruthlessly depicted as criminals, deviants, and selfish iconoclasts. Notwithstanding the current administration's open hostility toward transgender people, constitutional protections endure. This Article discusses the evolution of government discrimination against transgender people-from laws that criminalized the violation of gender norms in the late twentieth century to the present-day exclusion of transgender people from the U.S. military-and transgender people's continued …