Weiss on Gender Autonomy, Transgender Identity and Substantive Due Process
http://lawprofessors.typepad.com/laborprof_blog/2010/02/weiss-on-gender-autonomy-transgender-identity-and-substantive-due-process.html (http://lawprofessors.typepad.com/laborprof_blog/2010/02/weiss-on-gender-autonomy-transgender-identity-and-substantive-due-process.html)
Jillian T. Weiss has a new article out in the Journal of Race, Gender, and Ethnicity: Gender Autonomy, Transgender Identity and Substantive Due Process: Finding a Rational Basis for Lawrence v. Texas.
Here is the abstract:
In a 2001 law review article, I suggested that there is a fundamental right to "gender autonomy" that protects people with transgender and transsexual identity. I grounded this in what was then called the "right to privacy," an outgrowth of substantive due process. There have been significant developments in the law since then, and many commentators have discussed the possibility of a right to gender autonomy.