Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the legal inconsistencies in the United States regarding the amendment of birth certificates for postoperative transsexual individuals, highlighting the disparity in treatment between male-to-female (MTF) and female-to-male (FTM) transsexuals. It argues that these inconsistencies violate the Equal Protection Clause by subjecting similarly situated individuals to different standards, often requiring MTF transsexuals to undergo more invasive surgeries than FTM transsexuals. The author advocates for a more equitable approach, emphasizing the importance of medical professionals' opinions and aligning legal standards with modern understandings of gender identity.
Disciplines
Constitutional Law | Fourteenth Amendment | Human Rights Law | Law | Sexuality and the Law
Recommended Citation
Stephanie Markowitz,
Change of Sex Designation on Transsexuals' Birth Certificates: Public Policy and Equal Protection,
14
Cardozo J. Equal Rts. & Soc. Just.
705
(2008).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol14/iss3/5
Included in
Constitutional Law Commons, Fourteenth Amendment Commons, Human Rights Law Commons, Sexuality and the Law Commons