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Wednesday, Jul. 7, 2021

Does the US Constitution grant only men and women the right to vote?

Christiana Dillard, Lead Stories
no

The 19th Amendment says, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

That protects voting rights of citizens of all gender identifications, according to a legal expert.

A social media post contends constitutional voting rights extend only to "men and women."

But Richard L. Hasen, professor of law and political science at the University of California, Irvine, and a specialist in election law, told Lead Stories: "I believe any law that would bar nonbinary individuals or transgender individuals from voting would violate the 19th Amendment and the 14th Amendment's equal protection clause.

"The 19th specifically says no discrimination in voting on the basis of sex, which would include all forms of discrimination in voting on the basis of gender identity."

This fact brief is responsive to conversations such as this one.

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