Court declined to review a federal appeals court ruling that found people with gender dysphoria were entitled to protections under the Americans With Disabilities Act
By Physician’s Briefing Staff HealthDay Reporter
MONDAY, July 3, 2023 (HealthDay News) — The U.S. Supreme Court on Friday let stand a federal appeals court ruling that found people with gender dysphoria should be protected against discrimination under the Americans With Disabilities Act (ADA).
“By declining to hear this case, the Supreme Court implicitly acknowledges what those who have seriously examined the issue have concluded: the ADA protects people who experience gender dysphoria, including transgender and nonbinary people, from being discriminated against on that basis,” Olivia Hunt, policy director for the National Center for Transgender Equality, told the Associated Press.
Justices Samuel Alito and Clarence Thomas dissented.
“The Fourth Circuit’s decision makes an important provision of a federal law inoperative and, given the broad reach of the ADA and the Rehabilitation Act, will have far-reaching and important effects across much of civil society in that Circuit,” Alito wrote. “Voters in the affected States and the legislators they elect will lose the authority to decide how best to address the needs of transgender persons in single-sex facilities, dormitory housing, college sports, and the like.”
The 4th Circuit was the first federal appellate court to determine that the federal disabilities law protects transgender people who experience anguish because of the disparity between their assigned sex and their gender identity, the AP reported. The decision is only binding in certain states, those covered by the 4th Circuit. They are Maryland, North Carolina, South Carolina, Virginia, and West Virginia.
Some LGBTQ advocates see the ruling as potentially helpful for challenging legislation that would restrict access to gender-affirming medical care for transgender people, the AP reported. “The overwhelming majority of Americans support nondiscrimination protections for LGBTQIA+ people, and today’s decision means the ADA remains a mechanism that can help our communities secure those protections,” Hunt said.
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