Question

The state of New York passes a law that prohibits transgender persons from going to the bathrooms of their choice. Max, an adult, identifies as a transgender female. Max’s parents, enraged at the law, file a lawsuit against the state of New York, claiming that the transgender bathroom law violates the U.S. Constitution in that it is discriminatory. 1) What is the state of New York’s best defense against this lawsuit? 2) What would you recommend to Max’s family to make the lawsuit stronger?

Answer 1

Answer and Explanation:

1. The state of New York can claim that they are within the rights defended by the bathroom bill (since this law allows the restriction of transgender people to bathrooms that are not determined by their gender of birth) and that the decision was made to maintain the safety of cisgender people.

2. I would recommend that the family look for facts that prove that this measure does not promote the safety of anyone, as there have never been cases of attacks by transgender individuals on cisgender individuals in public bathrooms, on the contrary, this measure causes insecurity for transgender individuals. , since there are countless cases of attacks on these individuals due to prejudice, homophobia and intolerance. In addition, the family may claim that the bathroom bill also advocates allowing transgender individuals to access toilets that match their gender identity, as a measure of security and promoting equality.