U.S. Public Policy: Developments in Rights and Regulation, 2016–2020
Between 2016 and 2020, the U.S. federal government and various state governments introduced and debated numerous policies related to transgender rights. Beginning in 2016, several legislative proposals and public policy measures addressed issues such as access to public facilities, participation in the military, and workplace protections. Among the most widely discussed were the so-called bathroom bills, which sought to regulate restroom use based on biological sex and generated significant public debate across the political spectrum.
In 2020, the Supreme Court issued a major decision in Bostock v. Clayton County, ruling that Title VII of the 1964 Civil Rights Act prohibits employment discrimination on the basis of gender identity as well as sexual orientation. Additionally, transgender military personnel were invited to provide testimony before the U.S. House of Representatives regarding policies affecting their service. These developments indicated a period of evolving policy discussions and legal interpretations concerning the rights and protections of transgender individuals in the United States.
Nash, Tammye. Dallas Voice (Dallas, Tex.), Vol. 33, No. 45, Ed. 1 Friday, March 17, 2017, newspaper, March 17, 2017; Dallas, Texas. (accessed November 11, 2020), University of North Texas Libraries, The Portal to Texas History; crediting UNT Libraries Special Collections.
Below is a bibliography of titles, separated by subject, from the UNT Libraries, both from the catalog and from our Digital Libraries Government Documents collection that highlight public policy affecting transgender individuals from 2016-2020.
Article written by Julie Leuzinger (she/her/hers), Women's and Gender Studies/LGBTQ Studies Librarian, with contributions from Coby Condrey (he/him/his), Research Support Services Librarian, and Clark Pomerleau (he/him/his), Associate Professor, Department of History.
Education
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Examples of Policies and Emerging Practices for Supporting Transgender StudentsU.S. Dept. of Education. (2016).
This document covers the U.S. Dept. of Education efforts to protect transgender students. -
Implications for gender identity and athletics under Title IXCongressional Research Service Report. (2018).
This report reviews whether Title IX, which prohibits discrimination on the basis of sex in federally funded education programs or activities, reaches claims raised by transgender students.
Employment
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The Equality Act (H.R. 5): Ensuring the Right to Learn and Work Free from DiscriminationHearing before the Subcommittee on Civil Rights and Human Services, Committee on Education and Labor, House of Representatives, One Hundred Sixteenth Congress, first session, hearing held in Washington, D.C. (2019).
Transcripts from a legislative hearing on the Equality Act to guarantee and expand civil rights protections for transgender (and LGBQ+) Americans, pros and cons presented in testimony.
Housing
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The Fair Housing Act: HUD Oversight Programs and ActivitiesPage 12 of this 2017 report notes that the Fair Housing Act does not expressly protect individuals from discrimination based on gender identity (or sexual orientation); further, it notes the challenges faced by transgender individuals’ ability to gain access to single-sex shelters in accordance with their gender identity.
Military Service
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The Selective Service System and Draft Registration: Issues for CongressCongressional Research Service report. (2016).
Page 16 of this report, “Table 2. Who Is Required to Register for the Selective Service?” indicates that, Individuals who are born female and changed their gender to male, are not required to register for selective service, yet those who are born male and change their gender to female, are required to register for selective service. -
Transgender Service in the U.S. Military: An Implementation HandbookThis is a 2016 handbook to aid transgender Service members with their transition, assist commanders with rules and regulations, and teach Service members of policies.
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Diversity, Inclusion, and Equal Opportunity in the Armed Services: Background and Issues for CongressCongressional Research Service report. (2017).
Page 37-40 of this report has a section focused on Transgender Service highlighting some of the 2016/2017 policies affecting transgender recruits. -
Department of Defense report and recommendations on military service by transgender personsThis 2018 memorandum to the President recommends that the DOD adopt policies disqualifying transgender persons with a history or diagnosis of gender dysphoria and those who require or have undergone gender transition from military service. Further, transgender persons without a history or diagnosis of gender dysphoria, who are otherwise qualified for service, may serve, like all other Service members, in their biological sex, because by its very nature, military service requires sacrifice.
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Transgender servicemembers: Policy shifts and considerations for CongressCongressional Research Service report. (2018).
This report provides an overview of policies affecting transgender servicemembers in 2016/2017, cost of care for those servicemembers, and includes links to some existing research on these concerns. -
Questions Remain, Litigation Continues over Military Service by Transgender IndividualsCongressional Research Service report. (2018).
This report discusses the controversy regarding transgender individuals serving in the military, President Trump’s memorandums on the subject, and the four lawsuits challenging the President’s memorandums.
Additional Resources and information on the above topics can be found in the following databases:
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Policy File IndexProvides access to information from over 350 public policy think tanks, nongovernmental organizations, research institutes, university centers, advocacy groups, and other entities.
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Congressional Research Service Reports CRS (Nexis Uni)The Congressional Research Service (CRS) works exclusively for the United States Congress, providing policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation. As a legislative branch agency within the Library of Congress, CRS has been a valued and respected resource on Capitol Hill for more than a century. CRS is well-known for analysis that is authoritative, confidential, objective and nonpartisan.