Brigham Young University Prelaw Review


Immutability, immutable rights, lgbt, gender identity, sexual orientation, transgender, title IX


This paper attempts to explain the Supreme Court’s recent efforts to expand the definition of immutable rights to protect LGBT Americans and argues that gender identity also be included in that definition. States should expand this definition in their own constitutions and do so in a way that protects the interests of the LGBT community as well as other demographics. Utah Senate Bill 296 is a good example of how this definition can be successfully expanded, and should be a model for states in which LGBT antidiscrimination legislation has been less effective.