In a recent decision, the U.S. Supreme Court turned away a dispute involving a transgender woman who was housed with men and denied hormone treatment during her time in jail. The case raised the question of whether gender dysphoria qualifies as a disability under the Americans with Disabilities Act (ADA), a landmark federal law. The court’s refusal to hear the appeal allows former inmate Kesha Williams to proceed with her lawsuit against jail officials.
Williams, who had been diagnosed with gender dysphoria, filed a lawsuit against Sheriff Stacey Kincaid and two other officials in 2020, alleging violations of her rights under the ADA, as well as equal protection provisions and protections against cruel and unusual punishment. The lawsuit highlighted the distress she experienced due to being housed with men and the delay in receiving hormone treatment.
The ADA, enacted in 1990, provides civil rights protections for individuals with physical or mental impairments. However, exceptions were included in the law, such as the exclusion of “gender identity disorders not resulting from physical impairments.” This exception has sparked debates and legal challenges in various courts.
Initially, a federal judge in Virginia dismissed Williams’ suit, ruling that her gender dysphoria did not fall under the ADA’s definition of disability. However, the 4th U.S. Circuit Court of Appeals reversed the judge’s decision, recognizing gender dysphoria as a protected condition under the ADA.
The U.S. Supreme Court’s decision not to take up the case means that the 4th Circuit’s ruling stands, acknowledging gender dysphoria as a disability covered by the ADA. The implications of this decision extend beyond the case itself, raising significant questions about participation in sports, access to restrooms and housing, the use of pronouns, and the administration of sex reassignment therapy.
This decision follows other recent cases related to transgender rights where the Supreme Court has made significant rulings in favor of protecting the rights of transgender individuals. These cases highlight ongoing debates and conflicts across the country as various states enact laws targeting the rights of the LGBTQ+ community.
By declining to hear this case, the U.S. Supreme Court has allowed the recognition of gender dysphoria as a disability under the ADA, further shaping the legal landscape concerning transgender rights in the United States.