Dem-Appointed Judge opens the Door to More Men being Housed in Women’s Prisons

• A Democrat-appointed judge ruled that the Americans with Disabilities Act (ADA) applies to individuals with gender dysphoria, meaning transgender people will now be protected by the ADA.

The ruling allows for future cases under the Americans with Disabilities Act (ADA) to mandate that prisons allow transgender people into female prisons if the individual identifies as such. However, it is not clear if this or any other accommodation will be necessary. The relevant question is: ‘Is accessing opposite-sex space a reasonable accommodation?’… Private/separate accommodation would be the best option for GD,” Candice Jackson (ex-assistant secretary of education and civil rights), told Daily Caller News Foundation.

A Democrat-appointed federal judge opened the door to allowing more males to be housed in women’s prisons Tuesday by ruling that the Americans with Disabilities Act (ADA) covers people with gender dysphoria.

Kesha Williams, a biologically male former inmate who identifies as a transgender woman, sued several people associated with the Fairfax County Adult Detention Center in Virginia for allegedly violating the ADA in their decision to house Williams with men, according to court documents. A Clinton appointee Judge Diana Gribbon Motz sided with Williams. She rejected the dismissal by a lower court. (RELATED : After being arrested, men continue to commit heinous crimes and then identify themselves as women. The Media Is Playing Along)

Candice Jackson, attorney and former assistant U.S. secretary of education for civil rights, told the Daily Caller News Foundation it was unclear how this decision would play out in practice, explaining that the ADA requires reasonable accommodations for disabilities, but not necessarily the accommodations an individual wants.

“Recognition of gender dysphoria as a disability under the ADA is not inherently problematic; depending on the severity of distress and how it manifests, objectively GD can be easily seen as a disability on par with any number of other conditions,” she told the DCNF.

” “Private/separate accommodation would be the best accommodation for GD.” “The more justifiable accommodation for GD would be private/separate accommodation.”

The prison has a policy of housing inmates with male genitals in the men’s section; Williams was initially placed in the women’s section until a medical evaluation determined that the men’s facility would be more appropriate, according to the lawsuit. Williams was allegedly subject to harassment by men and denied consistent access hormonal medication used in the process of sex-change, which is described in the suit as being a treatment for gender dysphoria.

Williams served six months at the Fairfax County Adult Detention Center after confessing to playing a role in a drug deal, according to The Washington Post.

Gender dysphoria refers to a feeling of discomfort or incontinence with one’s body and biological sexuality. Not everyone who has it can identify themselves as transgender and some people do not seek medical intervention to make their bodies look the other way. These drugs could help people suffering from gender dysphoria to stop suicide. However, studies of “gender affirming” drugs often have serious methodology issues, such as the lack of control groups or inability determine causality. Multiple DCNF investigations found this.

Proud to work with @NCLRights to co-author our brief in support of transgender protections under the ADA! https://t.co/GEvwOC7r2G

— GLAD (@GLADLaw) August 18, 2022

The ADA explicitly excludes gender identity disorders that don’t result from physical impairments, but Motz determined that the language in the ADA was outdated and shouldn’t be interpreted to exclude gender dysphoria. This case could lead to future court rulings requiring transgender persons under the ADA special accommodations, such as allowing men to live in female prisons on a greater scale than currently permitted.

“Considering the ADA’s fundamental promise of equality…that animates it, we don’t see any reason to exempt transgender persons who have gender dysphoria from its protections,” Motz stated. “This opinion is a great step towards removing cultural and social barriers that prevent people suffering from treatable but often misunderstood medical conditions from being able thrive,” Jennifer Levi (transgender rights project manager at GLBTQ Legal Advocates & Defenders) said in a statement. The DCNF did not receive a response from Williams.

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