During a recent legal discussion, ACLU attorney Chase Strangio challenged Justice Amy Coney Barrett's assertion that there was a historical absence of anti-transgender laws. Strangio pointed out examples of government discrimination against transgender individuals, such as bans on transgender service in the military and prohibitions on crossdressing.
Barrett acknowledged the military example but had not considered the cross-dressing ban. She then asked Strangio for additional instances of discriminatory laws. Strangio mentioned that there were laws that grouped transgender and homosexual individuals together, with the military and crossdressing policies being the most prominent examples.
Barrett's interest in these laws stems from her emphasis on previous court rulings that identified certain groups as 'suspect classes.' She highlighted a pattern of state discrimination against these classes, prompting a closer examination of laws that impact transgender individuals.
