Civil Rights
Nov. 19, 2025
Courting discrimination: Trans Americans left unprotected
The Supreme Court has repeatedly ruled against transgender individuals this year, allowing bans on military service, healthcare and identity recognition. With key cases on transgender athletes approaching, the Court shows little inclination to protect them from discrimination.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
At a time when the Trump administration is aggressively targeting transgender individuals, the Supreme Court has shown no inclination for providing them constitutional protection. Quite the contrary, in a number of cases this year, the six conservative justices have repeatedly ruled against transgender individuals. The rulings are inconsistent with Supreme Court precedents and cons...
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