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Fact check: Is it true that the establishment of the 14th Amendment by the civil rights movement has been being used to justify transgenders in public bathrooms?

Checked on September 16, 2025

1. Summary of the results

The statement that the establishment of the 14th Amendment by the civil rights movement has been used to justify transgenders in public bathrooms is partially supported by some analyses [1] [2] [3]. These sources suggest that the 14th Amendment, specifically the Equal Protection Clause, has been cited in lawsuits and court decisions related to transgender individuals' access to public bathrooms [1] [2] [3]. For example, a lawsuit filed by Lambda Legal on behalf of two transgender clients challenged an Idaho law that restricts transgender individuals' access to public bathrooms, citing the Equal Protection and Due Process Clauses of the 14th Amendment [3]. However, other analyses [4] [5] [6] do not directly support this claim, instead discussing the Supreme Court's decisions on transgender rights and the regulation of transgender people's lives, without mentioning the 14th Amendment in relation to public bathroom access. Additionally, some sources [7] [8] [9] provide context on the importance of protecting LGBTQ+ people from discrimination, including in public accommodations, but do not explicitly mention the 14th Amendment being used to justify transgender people in public bathrooms.

2. Missing context/alternative viewpoints

A key missing context in the original statement is the historical and social context of the civil rights movement and the 14th Amendment, which was originally enacted to protect the rights of formerly enslaved individuals [8]. The statement also lacks nuance in its presentation of the relationship between the 14th Amendment and transgender rights, as some sources suggest that the amendment has been used to justify access to public bathrooms, while others do not [1] [4]. Alternative viewpoints, such as the importance of protecting LGBTQ+ people from discrimination [7] and the role of the Equality Act in promoting LGBTQ+ equality [7], are also not considered in the original statement. Furthermore, the analyses highlight the complexity of the issue, with different sources presenting different perspectives on the use of the 14th Amendment in relation to transgender rights [1] [4] [7]. It is essential to consider these alternative viewpoints to gain a comprehensive understanding of the issue.

3. Potential misinformation/bias in the original statement

The original statement may be misleading in its suggestion that the 14th Amendment has been widely used to justify transgender individuals' access to public bathrooms, as some sources do not support this claim [4] [5] [6]. Additionally, the statement may be biased towards a particular perspective on transgender rights, as it does not consider the range of viewpoints and complexities presented in the analyses [1] [4] [7]. The statement may benefit conservative or anti-transgender rights groups who seek to restrict transgender individuals' access to public bathrooms, by framing the 14th Amendment as a justification for this access [1]. On the other hand, LGBTQ+ advocacy groups may benefit from a more nuanced understanding of the relationship between the 14th Amendment and transgender rights, as presented in some of the analyses [7] [8]. It is crucial to approach this issue with a critical and nuanced perspective, considering the potential biases and misinformation present in the original statement [1] [4] [7].

Want to dive deeper?
What specific provisions of the 14th Amendment apply to transgender rights?
How have civil rights movement leaders addressed transgender bathroom access?
Can the 14th Amendment be used to challenge transgender bathroom restrictions?
What role has the Supreme Court played in interpreting the 14th Amendment for transgender rights?
How do different states interpret the 14th Amendment regarding transgender bathroom access?