@profdd.bsky.social
@ezrayoung.bsky.social
@nbenas.bsky.social

(And I'm sure I'm missing others because I can't find their bluesky handles)

I am looking forward to presenting this piece and hearing from the other symposium authors, as well as several experts on trans legal rights, at the symposium this Friday:

@katieeyer.bsky.social
@jessicaclarke.bsky.social
@kredburn.bsky.social
@tyroclem.bsky.social
@harperseldin.bsky.social

I hope that this piece will, in at least a small way, go down in the historical record as evidence of the wrongdoing of the federal government today. And I hope that trans people can look to this piece as one path forward in reestablishing the constitutional order when that day comes

But now, I see it as a rebuke of Congress's and the Trump administration's actions to undermine trans rights. Congress has the power (and duty) to enforce the Fourteenth Amendment and seek justice for trans people. Instead, it has chosen to discard the Constitution

I didn't want this to piece to be nothing more than screaming into the void. Instead, I wanted it to engage in a conversation about a trans-inclusive constitution. After the election, I thought that hope was lost

This Essay was a hopeful project to imagine ways that trans people might be able to seek justice (and prevent further harm to the community) following years of attacks on our rights. After the November 2024 election, I deeply considered whether this is the right time to be making the argument

In the Essay, I argue that Congress has the power under the Fourteenth Amendment's Enforcement Clause to enforce the rights of trans people against states enacting anti-trans legislation. By invoking the Enforcement Clause, Congress can open states up to private lawsuits, among other things.