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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).

See more...

Courting discrimination: Trans Americans left unprotected
Shutterstock

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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