Post by Michael Falkner Post by The NOTBCS Guy
"Under this chapter, the term “disability” shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders."
("This chapter" refers to Title 42, Chapter 126 (Sections 12101-12213), which is the AADA and subsequent amendments.)
So why are people getting disability then for gender dysphoria?
Well, here's one excuse from some lawyer's website:
"While transgenderism in itself isn't a recognized disability, a person with the condition may have one or more other disorders that qualify for disability payment. As long as the conditions suffered make it difficult or impossible for a person to work for a period of one year or more, he or she should qualify for disability benefits.
Mental effects of gender dysphoria that may qualify for benefits include...anxiety, clinical depression, and mental illness."
Of course, we'll have to wait and see how far up the legal chain Blatt v. Cabela's Retail gets (is the claim that transsexualism et al. not a "disability" constitutional in light of the Equal Protection clause?).
Also note that a number of courts that have ruled that transgender students can use restrooms based on their gender identity, not in spite of Title IX, but BECAUSE of it.