The legal and regulatory history of transgender people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.
Legal cases concerning LGBT issues were first raised in the United States in the 1960s. These initial cases often revolved around the ability to change names or sex on legal documents and sought protection against various forms of discrimination—such as in employment, civil rights violations, and equal protection under the law. Over the decades, these issues expanded to include a broader array of concerns such as Medicare and Social Security benefits, transition-related healthcare rights in the workplace, marital rights, military service conditions, medical malpractice, restroom access, and housing discrimination.
1960s In 1966 the first case to consider transsexualism in the US was heard, Mtr. of Anonymous v. Weiner, 50 Misc. 2d 380, 270 N.Y.S.2d 319 (1966). The case concerned a transsexual person from New York City who had undergone sex reassignment surgery and wanted a change of name and sex on their birth certificate. The New York City Health Department refused to grant the request, and the court ruled that the New York City and New Jersey Health Code only permitted a change of sex on the birth certificate if an error was made recording it at birth, so the Health Department acted correctly. The decision of the court in Weiner was affirmed in Mtr. of Hartin v. Dir. of Bur. of Recs., 75 Misc. 2d 229, 232, 347 N.Y.S.2d 515 (1973) and Anonymous v. Mellon, 91 Misc. 2d 375, 383, 398 N.Y.S.2d 99 (1977).
In 1968 a transgender person again sought a change of name and sex on their birth certificate in the case of Matter of Anonymous, 57 Misc. 2d 813, 293 N.Y.S.2d 834 (1968). The change of sex was denied, but the name change was granted. The same occurred in the case of Matter of Anonymous, 64 Misc. 2d 309, 314 N.Y.S.2d 668 (1970).
1970s
In 1971, Bernardsville, New Jersey junior high music teacher Paula Grossman was fired from her position of 14 years after openly transitioning and announcing her identity as a woman. She appealed to the U.S. Supreme Court, which in 1976 refused to hear the case.
A few other scattered positive developments also occurred in this period. In 1975 Minneapolis became the first city in the United States to pass trans-inclusive civil rights protection legislation. In 1977 Renée Richards, a transsexual woman, was granted entry to the U.S. Open (in tennis) after a ruling in her favor by the New York Supreme Court. This was considered a landmark decision in favor of transgender rights."Renée Richards Documentary Debuts at Tribeca Film Festival" . April 22, 2011.
Other legal cases continued to consider the issue of changing the gender marker on one's official documentation, but cases in this period also considered other issues of anti-transgender discrimination. In 1975 in the case of Darnell v. Lloyd, 395 F. Supp. 1210 (D. Conn. 1975), a Connecticut court found that substantial state interest must be demonstrated to justify refusing to grant a change in sex recorded on a birth certificate. However, in 1977, in the case K. v. Health Division, 277 Or. 371, 560 P.2d 1070 (1977), the Oregon Supreme Court rejected an application for a change of name or sex on the birth certificate of a post-operative transsexual, on the grounds that there was no legislative authority for such a change to be made.
In 1976 the first case in the United States that found post-operative transsexuals could marry in their post-operative sex was decided. In the New Jersey case M.T. v. J.T., 140 N.J. Super. 77, 355 A.2d 204, cert. denied 71 N.J. 345 (1976), the court expressly considered the English Corbett v. Corbett decision that disallowed such a marriage, but rejected its reasoning.
Also in 1976, the New Jersey Supreme Court rejected the appeal of a transgender plaintiff, Paula Grossman, in a sex discrimination case involving termination from her teaching job after sex reassignment surgery. Another sex discrimination case in 1984, Ulane v. Eastern Airlines Inc. 742 F.2d 1081 (7th Cir. 1984), concerned Karen Ulane, a transsexual pilot. The Seventh Circuit denied her Title VII (of the Civil Rights Act of 1964) sex discrimination protection by narrowly interpreting "sex" discrimination as discrimination "against women", and denying Ulane's womanhood.
Mary Elizabeth Clark served as a United States Navy chief petty officer (E-7), serving as an instructor in anti-submarine warfare, before she underwent sex reassignment surgery; knowing of her past,Duke, "Transsexual Wars with the Army," Los Angeles Times (September 14, 1977) a U.S. Army Reserves recruiter signed her up for the Army, which she joined in 1976.The Crystal Chronicle, November 1998. Thecrystalclub.org. Retrieved on June 2, 2015. A year-and-a-half later she was discharged from the Army when her history became known to higher-ups. She brought suit against the Army and won a settlement of $25,000 and an honorable discharge.
1990s Violence against transgender people and their partners
In 1993 Brandon Teena, a transgender man, was raped and murdered in Nebraska. In 1999 he became the subject of a biopic entitled Boys Don't Cry, starring Hilary Swank as Brandon Teena, for which Swank won an Academy Award.
In 1995 in Washington, D.C., Tyra Hunter, a transgender woman, died after being denied medical care by ER staff due to her gender identity. In 1998 her mother was awarded $2.8 million after the District of Columbia was found guilty of negligence and malpractice in Tyra's death. The Chicago area organization T.Y.R.A. (Transgender Youth Resources and Advocacy) was created in her memory.
In 1999 Calpernia Addams, a transgender woman, began dating PFC Barry Winchell. Word of the relationship spread at Winchell's Army base, where he was harassed by fellow soldiers and ultimately murdered. Winchell's murder and the subsequent trial resulted in widespread press coverageFrance, David (May 28, 2000). An Inconvenient Woman. New York Times and a formal review of the US "Don't Ask, Don't Tell" (DADT) military policy, ordered by President Bill Clinton.Black, Chris (December 13, 1999). Pentagon to review 'don't ask, don't tell' policy. CNNBecker, Elizabeth (February 2, 2000). Pentagon Orders Training to Prevent Harassment of Gays. New York TimesPear, Robert (December 12, 1999). President Admits "Don't Ask" policy Has Been Failure. New York Times The case became a prominent example used to illustrate the failure of Don't Ask, Don't Tell to protect LGBT service members. Addams' and Winchell's romance and the crimes of their abusers are depicted in the film Soldier's Girl, released in 2003. A subsequent New York Times article, "An Inconvenient Woman", documented the marginalization and misrepresentation of transgender sexuality even by gay rights activists.
2000s In the 2004 case Smith v. City of Salem 378 F.3d 566, 568 (6th Cir. 2004) Smith, a transgender woman, filed Title VII (of the Civil Rights Act of 1964) claims of sex discrimination and retaliation, equal protection and due process claims under 42 U.S.C. § 1983, and state law claims of invasion of privacy and civil conspiracy. On appeal, the Price Waterhouse precedent was applied: "[i]t follows that employers who discriminate against men because they do wear dresses and makeup, or otherwise act femininely, are also engaging in sex discrimination, because the discrimination would not occur but for the victim's sex". This was considered a significant victory for transgender people, as the case reiterated that discrimination based on both sex and gender expression is forbidden under Title VII (of the Civil Rights Act of 1964), opening the door for more expansive jurisprudence on transgender issues in the future. This case did not, however, eliminate workplace dress codes, which frequently have separate rules based solely on gender.
In 2005 Izza Lopez was denied a job for "misrepresenting" her gender. A subsequent lawsuit, Lopez v. River Oaks Imaging & Diagnostic Group, Inc., established there was discrimination under Title VII of the Civil Rights Act of 1964.
In 2008 the District Court of DC ruled in favor of Diane Schroer, who was denied a position as a terrorism research analyst at the Library of Congress after revealing that she would be transitioning from male to female. The Court agreed that Shroer's case fell under sex discrimination regulations.
Also in 2008 the first ever U.S. Congressional hearing on discrimination against transgender people in the workplace was held by the House Subcommittee on Health, Employment, Labor, and Pensions.
In 2009, due to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act being signed into law, the definition of a federal hate crime was expanded to include those violent crimes in which the victim is selected due to their actual or perceived gender or gender identity. Previously, federal hate crimes were defined as only those violent crimes where the victim is selected due to their race, color, religion, or national origin.
2010s Case law O'Donnabhain v. Commissioner 134 T.C. No. 4 is a case decided by the United States Tax Court in 2010. The issue for the court was whether a taxpayer who has been diagnosed with gender identity disorder can deduct sex reassignment surgery costs as necessary medical expenses under . The Internal Revenue Service (IRS) argued that such surgery is cosmetic and not medically necessary. On February 2, 2010, the court ruled that O'Donnabhain should be allowed to deduct the costs of her treatment for gender-identity disorder, including sex-reassignment surgery and hormone treatments. In its decision, the court found the IRS position was "at best a superficial characterization of the circumstances" that is "thoroughly rebutted by the medical evidence".
In 2011 Vandy Beth Glenn, a transgender woman, won a lawsuit against then-Legislative Counsel Sewell Brumby. Brumby fired Glenn in 2007 for deciding to transition genders on the job, and a three-judge panel of the 11th Circuit Court of Appeals upheld a lower court's ruling that Brumby had wrongly fired Glenn.
Also in 2012, Beth Scott, a transgender woman from New Jersey, successfully appealed Aetna's decision not to cover her mammogram because she is transgender. Aetna eventually paid the cost of her mammogram and agreed to ensure that transgender people can access all necessary sex-specific care, such as prostate exams and gynecological care, regardless of whether they are categorized as male or female in insurance records.
Governmental Executive action and regulatory In 2010 the Obama administration explicitly banned gender identity-based discrimination on the federal jobs web site USAJobs.
Also in 2014, President Obama signed Executive Order 13672, adding "gender identity" to the categories protected against discrimination in hiring in the federal civilian workforce and both "gender identity" and "sexual orientation" to the categories protected against discrimination in employment and hiring on the part of federal government contractors and sub-contractors.
Also in 2014, Attorney General Eric Holder stated that the Justice Department's position going forward in litigation would be that discrimination against transgender people is covered under the sex discrimination prohibition in Title VII of the Civil Rights Act of 1964.