Sexual Orientation and Gender Identity Issues

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Session Type: Section Programs

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Justice Anthony Kennedy's resignation and Justice Ruth Bader Ginsburg's death left the status of LGBTQ+ rights in doubt. Opinions in support of LGBTQ+ rights were welcome constitutional developments, but also ambiguous. Moreover, Kennedy never persuaded a majority to rule LGBTQ+ classifications for suspect or entitled to heightened scrutiny. Thus, rational basis applies to status-based equal protection claims. Due Process protections could also be subject to narrowing, especially given the Supreme Court has yet determine what constitutional protections apply to transgender persons. This panel will discuss the current and future status of LGBTQ+ rights given the current makeup of the Supreme Court.