ABSTRACT
The Civil Rights Act of 1964 is the first federal law prohibiting discrimination by public accommodations and educational programs. Under Title II of the Civil Rights Act of 1964 (and amendments), it is a violation to discriminate in public accommodations based on race, color, religion, national origin, and disability. However, as of 2020, there are no federal laws that prohibit discrimination in public accommodations based on sex, increasing the likelihood that lesbian, gay, bisexual, transgender, and queer (LGBTQ) people will be discriminated against or harassed in public accommodations, such as bathrooms, dressing rooms, gyms, or other public facilities. In contrast, Title IX prohibits sexual discrimination and sexual harassment in any federally funded education program or activity. The goal is to promote gender equity in education and sports. But the words sexual orientation and gender identity are not specifically stated in the policy, leaving transgender students unprotected by federal law. As a result, lawsuits have been filed on behalf of transgender students alleging sex discrimination based on gender identity. This chapter identifies and describes the federal and state legislative history on public accommodation laws, including state bathroom bills, and evaluates Title IX and identifies potential implications of the Bostock (2020) ruling. It then provides a description of obstacles LGBTQ people face in obtaining government identification and vital statistics certificates such as birth and marriage certificates.
