This comment discusses the problems of transsexuals seeking legal acceptance as a member of his new sex due to the chromosome test. Specifically, the comment addresses the question whether basing a person's legal rights on the results of the chromosome test is an unconstitutional violation of a transsexual's right to equal protection. The author begins by setting forth a factual background of transsexualism and sex determination. Next the author examines how the chromosome test could be attacked by an equal protection argument. The author concludes that using the chromosome test to determine a transsexual's sex violates his right to equal protection of the law because there is no rational relation between the chromosome test and any state interest in marriage or accurate birth certificates.
Wayne S. Cole,
Transsexuals in Search of Legal Acceptance: The Constitutionality of the Chromosome Test,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss2/7