A Shifting Landscape for Transgender Rights
At Liberty
At Liberty
4.8 • 585 Ratings
🗓️ 29 November 2018
⏱️ 31 minutes
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| 0:00.0 | I'm Lee Rowland from the ACLU welcome to At Liberty, the podcast where we grapple with today's major civil rights and civil liberties topics. |
| 0:13.1 | Today, the fight for transgender rights. |
| 0:32.4 | The civil rights of transgender Americans are in rapid flux in state legislatures, in federal law, in the courts, and at the ballot box. |
| 0:39.0 | Progress is consistently met with backlash. In the past midterm election, Massachusetts voters staved off an effort to dismantle legal protection for trans individuals in public spaces. But the |
| 0:44.8 | Supreme Court is poised to reconsider legal victories won by trans plaintiffs in the federal courts, |
| 0:50.6 | and Trump's White House has all sorts of plans to exclude trans people from the military and from federal anti-discrimination law. |
| 0:57.7 | Here with us today to help us understand the current landscape of transgender rights is Chase Strangio, |
| 1:04.1 | staff attorney with the ACLU's LGBT and HIV project. |
| 1:08.5 | Chase is a dogged advocate for transgender and gender non-conforming people, |
| 1:12.7 | and there's probably nobody better to help us understand the state of transgender rights. |
| 1:17.8 | Chase, thanks for being here. |
| 1:19.3 | Thanks, Lee. |
| 1:20.6 | Can we start with simple legal basics? |
| 1:23.2 | At the federal level, what laws protect transgender people from discrimination? |
| 1:28.9 | So there are a wide array of laws that protect transgender people, and they do so in different ways. |
| 1:34.1 | So first, we have the Constitution, and I think that's an important place to start, because that protects transgender people from discrimination by the government. |
| 1:42.6 | And many courts have recognized this and have applied |
| 1:45.2 | the exact same type of review that is applied when anyone is discriminated against because of their |
| 1:51.6 | sex. Where is it in the Constitution that trans people like anyone else is protected from |
| 1:57.6 | discrimination? Well, the Constitution, like many of our federal civil rights laws as well, was written broadly. |
| 2:03.8 | And so it protects people from discrimination and guarantees equality. |
| 2:09.6 | And so even though it doesn't have enumerated categories, like it doesn't say women, it doesn't say people of color. |
... |
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