Page 44 UNITED STATES OF AMERICA (CONTINUED) Ending Sex Discrimination in the Law EQUALITY NOW – BEIJING+25 in social, occupational, or other important areas of functioning; and (b) The applicant demonstrates that the applicant has not transitioned to his or her preferred gender and a licensed medical provider has determined that gender transition is not medically necessary to protect the health of the individual; and (c) The applicant is willing and able to adhere to all applicable standards, including the standards associated with the applicant’s biological sex. (2) A history of cross-sex hormone therapy or a history of sex reassignment or genital reconstruction surgery is disqualifying. Note: Although Section 1 of the 14th Amendment to the United States Constitution theoretically provides every person “equal protection of the laws,” the U.S. Constitution does not explicitly prohibit discrimination on the basis of sex. The Equal Rights Amendment (ERA), which prohibits the denial of equality of rights under the law on account of sex was passed by the United States Congress in 1972 but needed 38 states to ratify it by 1982. As of January 2020, 38 states have now ratified the ERA, but the deadline still represents a hurdle to its inclusion in the Constitution. Take action to help ratify the ERA here!33