Gender Identity

Recent Case: Franciscan Alliance, Inc. v. Azar

November 6, 2019

The impact of the Supreme Court’s interpretation of “sex” in R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission this Term may not be limited to enforcement of the Civil Rights Act. In fact, many federal statutes, including the 2010 Affordable Care Act (ACA), have adopted identical language. Recently in Franciscan Alliance,…

Their Law

June 26, 2019

Many gender-neutral restrooms and locker rooms are behind locked doors.  Not in the same sense that all bathroom doors are locked; rather, these spaces can be accessed only by either being lucky enough to slip in behind someone with authorization, or by pleading one’s case before some sort of decision maker—a literal gatekeeper.  In the…

Recent Case: Gibson v. Collier

April 12, 2019

Transgender rights are facing a backlash.  Scientific knowledge of the impacts of gender dysphoria (GD) has grown immensely, and medical care for transgender people is increasingly accessible.  These developments have not been paralleled in the courts.  Recently, in Gibson v. Collier, the Fifth Circuit held that a state policy that does not permit gender affirmation…