The Constitution Doesn't Only Grant Men and Women the Right to Vote

Adam Warner

Politics

15th July 2021

The Constitution Doesn't Only Grant Men and Women the Right to Vote

U.S. citizens are allowed to vote regardless of gender identity (Getty Images).

The Claim

The U.S. Constitution only grants men and women the right to vote.

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Emerging story

A meme making the claim that the U.S. Constitution only grants people who identify as either male or female the right to vote went viral in July 2021. It contains an image of Lucy and Linus from the Peanuts comics. In the meme, Lucy tells Linus, “States are allowing folks to not identify as male or female now.” Linus responds, “Interesting... the Constitution only grants men and women the right to vote.”

A supporting image within the article body

Misbar’s Analysis

Misbar found no constitutional amendment that states only men and women have the right to vote. The U.S. Constitution has four amendments that deal with voting rights. This includes the 15th Amendment, 19th Amendment, 24th Amendment, and 26th Amendment.

The 15th Amendment was added to the U.S. Constitution in 1870 to protect the voting rights of African-Americans following the civil war. The amendment never mentions gender, stating: “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 race, color, or previous condition of servitude.”

The 19th Amendment granted women the right to vote and was ratified into the U.S. Constitution in 1920. The 19th Amendment states: “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.” It never specifies which sexes, only that sex can’t be used as a discriminatory factor when it comes to voting rights.

The 24th Amendment was added to the U.S. Constitution in 1962 to eliminate poll taxes that had been used to keep African Americans from voting. The 24th Amendment states: “The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.”

The 26th Amendment, ratified in 1971, gave everyone over the age of 18 the right to vote regardless of gender. This amendment reads: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

None of the amendments that deal with voting rights specify that only men and women have the right to vote. Furthermore, the equal protection clause in the 14th Amendment of the U.S. Constitution guarantees equal protection under the law of all citizens of the United States and does not limit these protections based on gender identity.