The Problem of Invasive Transgender Policies and a Fourth Amendment Solution

Florida Law Review

Publication
November 01, 2016

Transgender people constitute a distinct minority with unique legal battles. There is a widespread societal misunderstanding of what it means to be transgender that results in treating the members of the transgender community the same as their lesbian, gay, and bisexual counterparts. This misunderstanding is even more prevalent in the legal context, resulting in a serious failure of courts to protect transgender individuals' constitutional rights. This Note explores why the current legal treatment of transgender rights is inadequate. This Note then argues that the Fourth Amendment right to privacy should be construed outside of the criminal context and should be utilized to protect transgender civil rights. Lastly, This Note will illustrate application of the Fourth Amendment right to privacy in contexts where transgender individuals face exceptional challenges.

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