ステレオタイプと差別 : トランスジェンダー差別に対する憲法学的考察

This Article focuses on stereotypes and examines discrimination cases in the United States. In sex discrimination cases, courts reject state stereotyping when it perpetuates ideas about men's and women's roles and reinforces women's inferior social status. In transgender discrimination cases, courts have begun to protect transgender individuals from state demands for conformity to normative stereotypes about how to be a man or woman. Governmental discrimination against transgender individuals sends the subordinating message that transgender people as a group are inferior to cisgender people as a group. That message rang loud and clear when state legislatures passed anti-transgender bills. The anti-transgender “bathroom bills” have cropped up in a number of states over the past couple of years. What these bills do is inflict further indignity for a population that has already suffered. This Article examines the constitutionality of the “bathroom bills” at length.