A federal appeals court ruled Tuesday that transgender people who experience gender dysphoria are protected from discrimination under the Americans with Disabilities Act, a ruling with major implications for single-sex restrooms, sports and prisons.
The ADA specifically excludes “transvestitism,” “transsexualism” and “gender identity disorders not resulting from physical impairments,” but the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled that “gender dysphoria” isn’t the same.
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Mike Davis, president of the Article III Project and a former clerk for Justice Gorsuch, aligned with Justice Alito’s take that the Bostock ruling went too far.
“Bostock was clearly wrongly decided, and the fallout proves that judges should not legislate from the bench,” he said.
“We have not experienced an explosion in gender dysphoria in youth in the last year. This is largely a political division that the Democrats are exploiting to divide America in pursuit of power,” Mr. Davis said. “This is why these matters should be resolved by our elected representatives in Congress and not by unelected judges.”
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