A federal appeals court decided Tuesday that people with gender dysphoria, or transgender persons, are not discriminated under the Americans with Disabilities Act. This ruling has major implications for prisons and single-sex bathrooms.
The ADA explicitly excludes transvestitism, transsexualism and gender identity disorders that are not based on physical impairments. However, the U.S. 4th U.S. Circuit Court of Appeals Richmond ruled “gender dysphoria” is not the same.
“The ADA does not protect anything that falls within the meaning of gender identity disorders’, as it was understood ‘at its enactment’,” stated U.S. District Judge Diana Gribbon Motz (a Clinton appointee) in the 56-page ruling.
“But, nothing in the ADA at the time or now compels us to conclude that gender dysphoria is a gender identity disorder’ exempted from ADA protection,” stated Judge Motz. We agree with Williams for these reasons that gender dysphoria, as a matter statutory construction is not a disorder of gender
Transgender rights advocates hailed the victory for Kesha Williams (a former Fairfax County Adult Detention Center inmate) as a crucial one.
” This is an enormous win. Jennifer Levi, transgender rights director for Gay & Lesbian Advocates & Defenders said that there is no reason on principle to exempt transgender persons from federal civil rights laws. It is incredibly important for a federal appeals judge to confirm that our federal disability rights laws protect transgender persons
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