Transgender Discrimination

Trump’s Latest Nominee Fails, Sparking Another Meltdown

Justice Coney Barrett questioned the existence of a history of federally mandated (de jure) discrimination against transgender people, contrasting this with the historical de jure discrimination faced by other minority groups. Solicitor General Prelogar countered that while not explicitly codified in law, a substantial history of violence, discrimination, and lost opportunities for transgender individuals exists, extending beyond private actors. This historical discrimination, Prelogar argued, is well documented despite the absence of explicit federal mandates. The exchange highlights a key disagreement regarding the nature and extent of historical discrimination against transgender individuals.

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