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Jan 06

Is gender dysphoria a disability?

Should gender dysphoria be considered a disability that would be covered by the Americans with Disabilities Act? If it were, allowing persons diagnosed with this condition to use the bathroom of their choice could be a reasonable accommodation per the ADA (this might have to be tested in court).

Since this accommodation would only apply to those who have been competently diagnosed, maybe this approach would address the concerns of those those who are worried about perverts pretending to be transgender in order to use the “wrong” restroom for nefarious purposes (I am not saying these fears are based on facts).

Too easy? What am I missing?

1 comment

  1. bigtomesz

    I think what needs to happen is for someone to be a test case – someone needs to actually be arrested for going to the “wrong” bathroom. Then we will see how a state would defend these laws, and the arguments they would try and muster.
    Right now, as far as I know, the only ‘test cases’ have been in schools, which have their own sets of complications when it comes to the legal system.
    Otherwise, it’s all about ‘potential harms’ and such. But ultimately the law needs to be broken and tested.

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