A federal ruling that gender dysphoria is covered by the Americans with Disabilities Act could help block conservative political efforts to restrict access to gender-affirming care, advocates and experts say.
The decision came in the case of a transgender woman who sued the Fairfax County sheriff in Virginia for housing her in a jail with men. The decision is not limited to transgender people challenging jail policies, but also applies broadly to all areas of society covered by disability rights law, including employment, government benefits and services and public accommodations, Barry said.
Williams told the nurse she is transgender, has gender dysphoria and received hormone treatments for the previous 15 years. But after she explained that she had not had genital surgery, she said, she was assigned to the men’s section under a policy that inmates must be classified according to their genitals.
A federal judge granted a motion by the sheriff’s office to dismiss the lawsuit, finding that because the Americans with Disabilities Act excluded “gender identity disorders not resulting from physical impairments,” Williams could not sue under the law.A three-judge panel of the 4th Circuit reversed that ruling, sending the case back to U.S. District Court.
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