In the United States, the supposed public creed is fairness. Through the legal system, it is evident that America purports justice, fairness and equity as central ideals. However, legal interpretations and verdicts have not always yielded a ‘fair’ outcome; what exactly is fairness? Does fairness mean giving everyone the same expectations and opportunities? If so, how can America accommodate diversity? What happens when different types of people want different opportunities and have different expectations for their own lives? Clearly, the uniformity of the law is compelling because it deters prejudicial law, however this uniformity can also be conversely crippling because it does not always allow for necessary complexities that people have.
The transgender population suffers under the law’s uniformity and its’ ‘fairness’ because this group does not fit neatly into the law and there is additional diversity within the transgender population. Specifically, healthcare law largely does not protect self-identified transgender people fairly. As with women’s health, healthcare policies are primarily reserved powers that states have. The law’s disunity on transgender healthcare policies, which diverges on state lines, directly contradicts ethos of fairness and inhibits one’s freedom.
Dean Spade, “Resisting Medicine, Re/modelling Gender” (2003)