Corbitt v. Taylor (U.S.C.A. 11th Circuit, 2021)

Civil Liberties
Discrimination

11th Circuit Court of Appeals ,

Civil Liberties
Discrimination

Alabama only allows people to change the gender marker on their driver’s licenses if they undergo surgical procedures and submit proof to the state, meaning that transgender people who do not want, cannot afford, or are medically unable to have the required surgeries are prevented from having a license that accurately reflects their gender. Carrying a license with an inaccurate gender marker puts transgender people — especially Black and brown transgender women — at a heightened risk of discrimination, harassment, and attack. Three transgender women who were denied accurate gender markers on their driver’s licenses sued the state of Alabama, arguing that this policy violates their constitutional privacy, due process, free speech, and equal protection rights. The district court decided that Alabama’s policy violates the Equal Protection clause because it discriminates against transgender people on the basis of sex. ADL joined 32 organizations in an amicus brief led by the National Women’s Law Center supporting the women on appeal in the Eleventh Circuit. The brief urges the court to affirm the district court’s decision, highlights the harms at stake — especially for Black and brown transgender women — and clarifies some issues that the state conflates in its appeal.