There are many discussions on what influenced trans rights the most!
The is probably the first trial here in the United State involving us! And it is probably the first case of the "Gay Panic" defense... Pitts (son of James Pitts) flirted (“gallanted”) with John Gray, who was dressed in women’s clothes and assumed to be female when he found out that Gray was crossdressing he bobbed her over the head. 1696 the jury ruled in favor of Gray nullifying the Massachusetts’s cross-dressing law.
Some of the other cases that got us to where we were (I will not say "Where we are..." because we have had terrible rulings lately.).
Going back to the 70s...
In the 1973 ruling of Anonymous vs. New York the court ruled against us saying the legislature only has the right to allow us to change our gender markers and name on out birth certificates. And that lead Connecticut and other states to pass laws in our favor. The states of Texas, Utah, Arizona, Montana, Kentucky, Tennessee, and Oklahoma all allowed us to change our gender markers and name on out birth certificates. Why, because they wanted us to become productive members of society. But now because political ideology they are scrambling to change them!
In 1976 we got the right to marry in the case of M.T. v. J.T. (1976) in the New Jersey Superior Court.
The Republicans have a very short memory... for example with all their attacks on trans athletes they forgot our early case of a trans athlete. Renee Richards v. United States Tennis Association (1977) – New Jersey Superior Court ruled in Renee Richards favor allowing her to play on the women's Tennis team.
The the keystone case of Price Waterhouse v. Hopkins was heard by the Supreme Court in 1989. This is the biggie! The case that many of the other cases hinge upon. And it wasn't even a trans case but rather a case involving a dress, high heels, and make up. According to the legal website
Justia...
Discrimination against an employee on the basis of sex stereotyping--that is, a person's nonconformity to social or other expectations of that person's gender--constitutes impermissible sex discrimination, in violation of Title VII of the Civil Rights Act of 1964. The employer bears the burden of proving that the adverse employment action would have been the same if sex discrimination had not occurred.
They told her that if she dressed a little more "womanly" and behaved a little more "womanly" she would get the promotion! The
Supreme Court blog pit it this way...
(c) The District Court's finding that sex stereotyping was permitted to play a part in evaluating respondent as a candidate for partnership was not clearly erroneous. This finding is not undermined by the fact that many of the suspect comments made about respondent were made by partners who were supporters, rather than detractors. Pp. 490 U. S. 255-258.
Under that ruling... Sex stereotyping = sex discrimination under Title VII and for trans people it is definitely a case of stereotyping.
This was a really, really great influence on all of our court case. We see it referenced in the cases of:
- Smith v. City of Salem (6th Circuit, 2004)
- Schroer v. Billington (D.D.C., 2008)
- Glenn v. Brumby (11th Circuit, 2011)
- Macy v. Holder (EEOC, 2012)
- Bostock v. Clayton County (U.S. Supreme Court, 2020)
Will Price Waterhouse v. Hopkins be overturned?
In Bostock v. Clayton County, Justice Neil Gorsuch (a Trump appointee) cited Price Waterhouse to support the idea that discrimination based on gender identity is sex discrimination.
But there’s concern now that the Court might chip away at those protections—by limiting what counts as “sex discrimination,” creating religious exemptions, or narrowing what is considered “stereotyping.”
We’re not there yet, but the risk is real.