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ACLU: Know Your Rights - Transgender People and the Law


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The ACLU published a report regarding transgender people and the law. The report was published in November, 2009 so there may be some changes, but this may be a good starting point for information about your rights under the laws of the United States.

Know Your Rights - Transgender People and the Law

TOPICS:

Discrimination in Employment, Housing, Public Places, and Schools

Are there laws that clearly prohibit discrimination against transgender people?

Do laws that prohibit sexual orientation discrimination protect transgender people?

Do laws that prohibit sex discrimination protect transgender people?

Do laws that bar disability discrimination protect transgender people?

Does the U.S. Constitution protect transgender people from discrimination?

Are there laws that specifically protect transgender students from discrimination?

Does the law protect a transgender person’s right to use the restroom consistent with his or her gender identity?

Name Change and Identity Documents

Can a person change his or her name to reflect his or her gender identity?

Can a person get name and gender marker changed on his or her birth certificate?

Does changing the gender marker on the birth certificate legally change one’s sex?

Can a person change his or her name and gender marker with the Social Security Administration?

Is it advisable to change one’s name and gender with the Social Security Administration?

Can a person change name and gender on his/her passport?

Family Matters

If one spouse in a marriage transitions, is the couple still legally married?

Is the marriage of a post-transition transsexual to a person of a different sex legal?

Does transitioning during marriage affect parental rights?

Health Care Coverage

Do any government health care programs cover transition-related surgery or other transition-related medical treatment?

Does private health insurance cover transition-related surgery or other transition-related medical treatment?

What does the law say about insurance companies denying coverage for routine medical treatments because one has undergone procedures for purposes of gender transition?

Criminal Law and Transgender People

Are there laws that prohibit hate crimes against transgender people?

Is cross-dressing against the law?

Transgender Rights in Prison

Are prison officials required to place a transgender inmate in the facility that matches the inmate’s gender identity?

Do transgender prisoners have a right to get hormone therapy?

Transgender Immigrants

May a transgender immigrant be granted asylum in the United States because of anti-transgender harassment in his or her country of origin?

Know Your Rights - Transgender People and the Law

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