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U.S. District Judge rules transgenderism is a medical disability or something … Well, that explains a lot.


U.S. judge allows first transgender person to sue under disability law

(Reuters) – A U.S. judge ruled on Thursday that a transgender wo/man could move forward with a sex discrimination lawsuit against his/er employer under the Americans with Disabilities Act, even though it explicitly excludes transgender people from protection.

The plaintiff, Kate Lynn Blatt, becomes the first transgender person to be allowed to sue under the ADA for gender dysphoria, [by deforming himself into a nauseatingly grotesque parody of a woman], according to his/er Philadelphia-based (activist) lawyer, Neelima Vanguri.

But U.S. District Judge Joseph Leeson avoided ruling on the constitutionality of the ADA, as the plaintiffs had sought, under the legal principle that courts should avoid decisions on constitutional grounds if possible.

Being transgender is not considered a disorder by the American Psychiatric Association, but it can give rise to gender dysphoria, a type of anxiety that may require medical treatment. Gender dysphoria forms Blatt’s basis for making a claim under the ADA.

Leeson, from the Eastern District of Pennsylvania, found that simply being transgender would be insufficient to bring a case, but that gender dysphoria was a medical condition worthy of protection against discrimination.

He also said the law should be broadly construed to give people with disabilities recourse to pursue discrimination claims.

Blatt is suing his/er former employer, the retail chain Cabela’s Inc, for sex discrimination, saying s/he was fired after harassment that included denying his/er use of the women’s bathroom and temporarily forcing his/er to wear a name tag with his/er male name given at birth.

Blatt, 36, worked at the Cabela’s store in Hamburg, Pennsylvania, in 2006 and 2007. S/he was fired, s/he said, when Cabela’s alleged s/he threatened a co-worker’s child during an altercation at work, an accusation Blatt denies.

Cabela’s representatives did not respond to after-hours requests for comment. The company previously declined to comment because the litigation was pending.

The ADA was passed in 1990 as a landmark law protecting people with disabilities. But the lawsuit, filed in 2014, challenges a little-known clause in the act that “disability” shall not include “transsexualism.”

The lawsuit, which also cites protections in Title VII of the Civil Rights Act of 1964 against sex discrimination in employment, had asked the judge to rule that the ADA clause violates the U.S. Constitution because it denies equal protection under the law.

Vanguri said Leeson’s ruling will help others who want to bring (predatory) claims under the ADA.

“I’m hopeful we will be able to expand civil rights for (the homosexual agenda and) transgender people just a little,” she said.

[Byline Daniel Trotta]

18 May 2017
Yahoo News (edited)

Law is often but the tyrant’s will.

Obama’s ‘transgender circus legacy’ continues to plague rationality.

Being female isn’t enough, unless you are either non-white or sexually deranged.

Regardless of your views on transgenders, I think we can all agree that the law should avoid contradictions if at all possible: caving into the demands of special interests, and bending the law for particular groups, is simply not acceptable.

On the one hand, these people argue that they’re being discriminated against because they are perfectly normal people.

On the other, they’re trying to say that they have a mental disability which should allow them to have special treatment.

Which is it?

A major problem with American law is that it increasingly works differently for different groups. For example, ethnic minorities often get state benefits that aren’t available to the public at large.  —Thalean

See Also

(Update) Transgender youth: Study reveals high rates of suicide and cutting

Transgender people face alarmingly high risk of suicide

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