On August 2, 2021, the National Women’s Law Center, along with our law firm partner Allen & Overy LLP, led a group of 32 organizations to file an amicus brief to the Eleventh Circuit in support of three transgender women who were denied accurate gender markers on their driver’s licenses by the state of Alabama. Alabama’s policy requires transgender people to undergo genital surgery and provide proof of such to the State before they are able to receive a driver’s license that accurately states their gender. As our amicus brief explains, such a restrictive policy unlawfully discriminates against transgender people in violation of the Equal Protection Clause of the Constitution. Carrying a license with an inaccurate gender marker also puts transgender people—especially Black and brown trans women—at a heightened risk of discrimination, harassment, and attack. The district court correctly decided that Alabama’s policy violates equal protection because it discriminates against transgender people on the basis of sex, and amici urge the Eleventh Circuit to affirm the lower court’s decision The plaintiffs are represented by the American Civil Liberties Union (ACLU) and the Transgender Legal Defense & Education Fund (TLDEF).
Read our blog post to learn more about the case.