The article “The Nineteenth Amendment and Gender Identity Discrimination” written by Romero A. for the American Bar Association journal reveals the legislative approaches related to gender diversity. The author describes the limitations of different states, cases that affected the law system, new policies, and issues that transgender people experience due to the inability to vote. The article’s main statement is that a crucial civic procedure like voting should not be affected by the gender identity of a citizen.
The Nineteenth Amendment that initially granted the women’s rights to vote is the constitutional act used by the author as the argument of required protection for transgender people. Romero (2020) states that “discrimination “on account of sex” within the meaning of the Nineteenth Amendment encompasses discrimination on account of one’s gender identity, or transition from one gender to another or no gender at all” (para. 4). He explains the contemporary gender identity and protects diversity as such people help society thrive and must not be discriminated against. Transgender individuals might experience mental issues due to their inability to behave the preferred way (Brumbaugh-Johnson & Hull, 2019). The article points out that every citizen deserves equal rights that should be protected by laws.
Although the United States is one of the countries that respects its citizens’ self-identification and legally allows people to change their gender, there are still laws and states that do not comply with these conditions. Romero (2020) claims that “in places such as Florida, Georgia, and Texas, it is perfectly legal under state law to fire a worker, evict someone from his or her home for being transgender” (para. 10). There is no established federal protection strategy from transgender discrimination, yet some existing legislation can be applied as assistance. The author mentions Title VII and the Fair Housing Act that do not include any defense for the right of gender identification (Romero, 2020). However, federal civil rights statutes prohibit sex discrimination in employment, healthcare, banking, education, and other sectors.
The author highlights that the laws and constitutional acts that can protect the rights of transgender people already exist, and the Nineteenth Amendment is an example. The article encourages the legislators to revise the gender identification and the perception of “sex” in laws. The Nineteenth Amendment appliance for transgender voters is a step closer to eliminating gender identity discrimination.
References
Brumbaugh-Johnson, S. M., & Hull, K. E. (2019). Coming out as transgender: Navigating the social implications of a transgender identity. Journal of Homosexuality, 66(8), 1148-1177.
Romero, A. P. (2020). The Nineteenth Amendment and Gender Identity Discrimination.American Bar Association, 19.