If a transgender person complains of being held among his or her biological gender in jail, as opposed to his or her identified gender, he or she would have a valid complaint of a 14th Amendment violation against the department and municipality holding him or her.

Question

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The 14th Amendment guarantees equal protection under the law, and courts have recognized that discrimination based on gender identity can violate this principle. Holding a transgender person in a facility that does not align with their gender identity could be seen as discriminatory and a violation of their rights.

If a Transgender Person Complains of Being Held Among His