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Tennessee House passes transgender registry bill
(www.advocate.com)
How is this not unconstitutional?
How is any of this not unconstitutional?
But it is. All of it. And it doesn't matter anymore.
What text in the federal (or state, if that's what you meant) constitution would you say prohibits it?
4th Amendment, the right against unreasonable searches.
While yes I agree this is Nazi shit put up by MAGAts. I just wish to play a bit of devil's advocate because I like law and constitutional law in particular.
While much like the stupid bathroom laws. Are they going to have someone check people before they enter? I would agree searching, without a warrant to figure out if someone is trans or not would be a violation of the 4th.
Just playing devils advocate. How would having a list of trans or/and just people be violation of someone's 4th? The government keeps all kinds of lists of people, taxes, drivers license, voter registration.
Edit: I do see the view that seizing the info from a doctor, when you should have a expectation of confidentiality with them, would violate the 4th.
IMO (and IANAL especially not of constitutional law) the executive branch has to prove to the courts that it has a compelling interest to keep such registries and that its need is such that less invasive recordkeeping would not serve that justifiable purpose. E.G., it needs a registry of voters to determine if someone is eligible to vote and in which jurisdiction, because without it the pollworkers would have no way to tell.
Under Strict Scrutiny, laws enabling such registries must be "narrowly tailored" (E.G., voter registration doesn't need to know how much taxes you pay and your tax record doesn't need to know which party you're registered to) and employs the "least restrictive means" necessary to satisfy its compelling interest (E.G., they can't charge you a fee to update your voter registration and there will always be a free option for filing your tax paperwork).
Keeping lists of trans folks serves no compelling interest, is not narrowly tailored to the interests it supposedly serves, and there isn't even a civil means of determining whether or not one is on the list (to say nothing of correcting it for the folks that have undoubtedly been added to it in error). As such, it is prima facie unconstitutional.
Even the lowest bar of constitutional scrutiny, "Rational Basis", would require that the law allowing the list be "rationally related" to a "legitimate goverent interest", and I can't think of anything less legitimate than a government's claimed need to get into everyone's pants.
As always:
I think the over/under is 1 year for someone unironically floating the idea of a tattoo or microchip any "undesirables".
No need; people already voluntarily carry these "microchips" at all times.
Fucking hillbillies
Leave my trans homies the fuck alone!
Combined with the shooting in Virginia last week, this is starting to turn even more ugly
Seriously time for some really bad things to start happening to the fucking lawmakers passing this shit.
I'm past the point of wanting them to understand.
I want these fascists to get hurt.
Registries of Undesirables? This is like the OPPOSITE of Nazis!
-Republicans!
this post was submitted on 28 Mar 2026
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