Document Type

Article

Publication Date

6-2021

Abstract

A transgender person faces obstacles trying to negotiate a gender-binary world. Going through a TSA checkpoint is no different. A substantial number of transgender persons have reported that they were detained and examined because they were transgender.1 Why this situation persists and what policy reforms should be implemented to alleviate it are the subjects of this Essay. This Essay is devoted mainly to the theme of transgender rights, rather than race, a central theme of the symposium in which this Essay appears. Given the relatively small pool of transgender individuals for whom data is available, this Essay is unable to make meaningful conclusions about whether and, to what extent, race plays a role in this analysis. This Essay does, however, conclude by sharing some brief reflections about how race, if explored in future scholarship, could figure in the treatment of transgender persons at TSA check points. This Essay will make suggestions about the role of disparate impact analysis and racial stereotypes to that end.

Publication Title

Nevada Law Journal

Volume

21

Issue

3

First Page

1061

Last Page

1079

Keywords

transgender, gender nonconforming, gender fluid, LGBTQ, TSA, airport security, body scans

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