State Constitutional Challenges to Laws Defining Sex

Document Type

Article

Publication Date

5-15-2025

Source Publication Abbreviation

State court Report

Abstract

This article examines state constitutional challenges to laws and executive orders defining sex as strictly male or female based on birth characteristics. It explores how plaintiffs invoke rights to privacy and equal protection to contest these binary definitions, particularly their impact on transgender and nonbinary individuals. The discussion highlights emerging litigation strategies and the role of state constitutions in safeguarding autonomy and equality against restrictive gender classifications.

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