"I See Your True Colors Shining Through": How judge attributes affect outcomes in transgender rights cases

Authors

Jordan Jones, University of Richmond

Publication Date

2024

DOI

10.26736/ar.01.01.04

Abstract

This study examines how U.S. District Court judge attributes influence case outcomes in transgender rights lawsuits. The judge attribute model says that judges are influenced by outside factors, which are the key independent variables in this study. These include judge ideology, gender, and age. There is variation in the categories that transgender cases fall under, so different case types are tested. Additionally, there is a concurring region and religiosity variable. This variable stems from data that certain regions are more religious than others and that religion may have an influence on the viewpoints of transgender people. The dependent variable is case outcome, coded as either liberal or conservative. With a sample of 37 cases spanning 2003 to 2020, most outcomes favored transgender rights except six. Of all the favorable outcomes, only six were decided on the merits. Judgments on the merits state that the discrimination the trans plaintiff experienced violated a law, which is more meaningful in the court. Findings reveal that judge ideology and gender have the most apparent influence, with gender playing even more of a role than ideology. Case types involving youth bathroom access saw 100% favorable rulings, suggesting differential treatment of transgender youth than adults, who saw more conservative decisions. Age and regional religiosity correlations were present but mixed. Ultimately, the research supports the judge attribute model’s applicability to transgender rights cases, with judicial ideology and gender significantly shaping district court outcomes so far. The interaction of gender and ideology in this study supports the in-group, out-group theory that women judges may experience. As more cases enter courts, future studies can further document these partisan and identity-based effects around upholding transgender protections.

Recommended Citation

Jones, Jordan (2024) ""I See Your True Colors Shining Through": How judge attributes affect outcomes in transgender rights cases," Araneum: Richmond Journal of American & Global Affairs: Vol. 1: Iss. 1, Article 6.
DOI: 10.26736/ar.01.01.04
Available at: https://scholarship.richmond.edu/araneum/vol1/iss1/6