Transgender Rights as Human Rights

 

Tia Powell, MD, Sophia Shapiro, MD, and Ed Stein, JD, PhD
November 2016

Abstract

Arguments to support transgender rights often rely on “born that way” arguments, which assert that gender identity is innate, immutable, and unassociated with choice. These arguments are vulnerable to attack on several grounds, including on the basis of emerging scientific data. Stronger support for transgender rights arises from human rights arguments.

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Transgender Rights as Human Rights

We argue, in contrast, that transgender rights stem from human rights, i.e., those fundamental rights belonging to every person. Persons with either cisgender (in which assigned and experienced gender are the same) or transgender identities deserve to live and flourish in their communities—with freedom to learn, work, love, and play—and build lives connected with others at home, in the work place, and in public settings without fear for their safety and survival. These deeply personal decisions are and should be the prerogative of the individual and deserve the law’s protection. The United States protects religious freedom in the First Amendment, and religion is quintessentially a choice. 

We owe the same respect to all members of our communities. We don’t yet know if gender identity emerges from genes, hormones, environmental factors or, most likely, an intricate combination of all these factors and more. It is unlikely that people with a transgender identity simply choose their gender identity, any more than cisgender people do. However, it is crucial that associated choices about the expression of gender—affecting vital aspects of identity in school, the workplace, and the community—are supported by our laws and policies. 

Supporters of transgender rights should avoid arguments that are logically flawed and that fail to acknowledge current scientific evidence about gender identity. Our best arguments must rely on the concept of inalienable human rights, including the rights to live safely, freely, and without fear of discrimination.

Political Cartoons 10-6-2024

EDITORIAL September 27, From The Palm Beach Post:

How can Gov. Ron DeSantis and the Florida Legislature in good conscience approve a law that erases the term "climate change" from state statutes, while boosting natural gas production and reducing state regulations on gas pipelines?

And how can state leaders rest on their laurels as Florida's property insurance crisis continues without a more comprehensive approach that addresses consumer needs and industry concerns? Hurricane Helene is just the latest storm to impact both, and given the obvious trends of warming seas and stronger storms, it won't be the last one.

Helene is the fifth storm in the past six years to make landfall somewhere in Florida, and once again the state's first responders, utility linemen and volunteers will do all they can to restore those communities stricken by the storm. Florida knows how to handle a hurricane after the fact. State leaders though must do better on the front end before an urban center like Palm Beach County finds itself in the center of the cone.