Sexual Orientation and Gender Identity Protection

Sexual Orientation and Gender Identity Protection

The United States federal and state laws focus on promoting equality between people of all genders to create equal opportunities for everyone and prevent gender discrimination. Sexual orientation and gender identity have also been protected in various ways at the federal level. For instance, federal law prohibits discriminating an individual based on their sexual orientation and gender identity. The effectiveness of this law in protecting sexual orientation and gender identity was evident in the Bostock v. Clayton County case in Georgia in 2020. In the case ruling, the Supreme Court stated that firing a person because of their transgender status or sexual orientation violates Title VII, which prohibits the discrimination of people based on their gender (White & Patterson, 2021). The federal law has also protected sexual orientation and gender identity by passing laws that give people reproductive rights. For instance, the federal government has passed laws that give women the right to choose whether they want an abortion and maintain the privacy of their decision.

Although federal laws are effective in preventing discrimination based on gender and sexual orientation, I think that the existing protections for gender identity and sexual orientation are not enough because individuals with a gender identity and sexual orientation that is not accepted by the majority in society continue to face harsh treatment in the legal system. For instance, in North Dakota, the legislative session of 2023 passed laws that make it hard for transgender people to update their birth certificates and ban them from using gender-congruent restrooms in prisons and colleges (Lang, 2023). Therefore, there is still a need for a law that accommodates the needs of all gender identities and sexual orientations, such as the proposed Equality Act.

References

Lang, N. (2023, July 28). These 5 states are doing the most to target LGBTQ people. Rolling Stone. https://www.rollingstone.com/culture/culture-features/worst-anti-lgbtq-states-america-trans-legislation-1234788961/

White, J., & Patterson, C. J. (2021). Understanding the well-being of LGBTQI+ populations. National Academies Press.

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Sexual Orientation and Gender Identity Protection

Even though the Equality Act (discussed last week) has not yet passed into statutory law, in what ways have sexual orientation and gender identity been protected at the federal level? (Hint: review Supreme Court cases, which are federal law, and all states are supposed to comply).
Do you think this is enough protection? Why or why not? (You may consider current events and personal experiences, if applicable). Please remember to cite any sources you use in your response.