by Bonnie Smith
The constitution does not offer the protection or afford a transgender youth or adult the opportunity to go unnoticed or to simply blend in the crowd and live life with liberty and freedom.
Current laws are not often favorable to protecting their privacy, so a routine trip to school could lead to uncomfortable interactions with teachers and other students when they are forced to reveal private gender information for school registration or to use a gender- designated rest room that doesn’t match their displayed gender.
A trip to the market, bank or restaurant could mean glares or confrontation when a transgender person is asked to present a credit card or identification card that may not match his or her visual appearance.
While using a fitting room, giggles or whispers may taint the experience and having to contemplate which public rest room will embrace his or her presence can be a challenging situation.
These “social prejudices may be overcome by legislation” but “legislation is powerless to eradicate group-based instincts or to abolish distinctions based upon physical differences.”
In the civil rights battle for African Americans, the Supreme Court said “Desegregation will proceed with all its American speed.”
The same should be true when transgender equality laws are enacted. Consider the racial epithets of the Brown decision where the state of Alabama literally stood in protest through action and inaction.
The state recognized that “separate but equal” was no longer constitutional. But enforcement was limited to guarantee the new laws were carried out. Even Supreme Court Justice Hugo Black couldn’t visit Alabama without fear and a bullet proof vest. Today, a transgender individual may endure the same situations even when, and if, a new Act passes.
Publisher’s Note: Last month, QVegas ally Bonnie Smith graduated from Arizona Summit Law School. As part of her studies, she wrote a paper on the legal challenges transgender youth face today. We are delighted to publish an excerpt from her paper, and congratulate Bonnie on her academic achievement.