US court rules gender dysphoria is a protected disability
The US Court of Appeals for the Fourth Circuit has become the country’s first appellate court to rule that gender dysphoria is a protected disability.
In an opinion issued on 16 August, the court wrote: “Being transgender is not a disability and affirms that a transgender’s person medical needs are just as deserving of treatment and protection as anyone else’s.” The three-judge panel determined that there was “no legitimate reason why Congress would intend to exclude” those experiencing gender dysphoria from the protections offered by the Americans with Disabilities Act (ADA).
They noted that the text of the ADA is outdated as it does not “define the term ‘gender identity disorders’ and does not mention gender dysphoria at all”.
They therefore concluded that “gender dysphoria constitutes a ‘gender identity disorder’ excluded from ADA protections”. The case is now set to go back to District Court Judge Claude M.
