Passing Laws to Punish Where No Crime Has Happened

Laws restricting people from access to opportunities their peers have based on chosen gender status, where there is no perceived harm or risk seems to contravene would seem to be discrimination for its own sake – dangerously close to outright hate. Contriving a rationale without evidence cannot justify such discrimination. Such laws enacted to deny rights and thereby inflict harm on person based on their self-expression would seem to be unconstitutional, and perhaps actual hate crimes themselves.

Your rights State and local laws that prohibit discrimination based on gender identity or expression should protect transgender people’s right to use restrooms and locker rooms that match their gender identity. We believe that laws that ban sex discrimination should also be interpreted by the courts to protect transgender people.

Know Your Rights | LGBTQ Rights | American Civil Liberties Union (aclu.org)