Withrow v. United States of America
Overview
Overview
A National Guard service member who is a transgender woman sued the Trump administration over a new policy that prohibits transgender and intersex federal employees from using restrooms consistent with their gender identity.
The Issue
Issue
Whether a federal policy prohibiting transgender and intersex employees from using restrooms consistent with their gender identity violates the Fifth Amendment's equal protection and due process guarantees.
The Rules
Rule
Federal employees are protected from gender-based discrimination under the Fifth Amendment; policies targeting gender identity or affecting fundamental personal dignity must satisfy heightened constitutional scrutiny.
The Application
Analysis
A National Guard service member who is a transgender woman challenges the Trump administration's bathroom access policy as applied to her, alleging it denies her equal protection by preventing use of facilities consistent with her gender identity.
The Conclusion
Conclusion
The case is active in the U.S. District Court for the District of Columbia under Judge Jia M. Cobb; the court will determine whether the policy violates constitutional protections against gender discrimination and personal liberty.
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