With the fall of the coverage formula of the Voting Rights Act, many states are quickly passing strict voter identification laws. While most of the litigation surrounding the new laws are racial challenges, these stricter voter identification laws are also affecting another minority group: transgender Americans. This paper questions the constitutionality of these new laws: while the traditional legal framework fails to adequately protect transgender Americans, the Nineteenth Amendment provides additional protections. This paper concludes that, under this Nineteenth Amendment approach, strict voter identification laws unconstitutionally discriminate against transgender Americans on the basis of sex.
Nicole R. Gabriel,
Resurrecting the Nineteenth Amendment: Why Strict Voter ID Laws Unconstitutionally Discriminate Against Transgender Voters,
Idaho L. Rev.
Available at: https://digitalcommons.law.uidaho.edu/idaho-law-review/vol56/iss2/4