RIGHT SPEAK: When a Man is a Woman and the Law is Not the Law: How Men Believing They Were Women Became a Disability

When a Man is a Woman and the Law is Not the Law:

How men believing they were women became a disability.

Last year, the Fourth Circuit Court ruled that Mr. ‘Kesha’ (actual name unknown) Williams, a male inmate in the Virginia prison system who demanded to be housed with women, had his rights to be a woman protected as a disability under the Americans with Disabilities Act.

According to the Fourth, the only reason men like Williams were not protected by the ADA was a “desire to harm a politically unpopular group” by the senators who drew up the bill. And so any man who believed he was really a woman could claim to be disabled and sue under the ADA.

The Supreme Court refused the case despite a compellingly reasoned protest from Justice Alito.

Now the Biden administration is demanding that a Georgia prison castrate one of its prison inmates because the ADA provides a right to castration for men who think they’re women.

There are two problems.

Men are not women. And the ADA specifically bans protection for anything transgender. It is hard to think of another law that so very clearly explained exactly what it did not want to be used for, that courts and administrations disregarded and decided to abuse it to do anyway.

When Congress passed the ADA, it excluded mental problems brought on by drug use as well as, “compulsive gambling, kleptomania, or pyromania” and “transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders” and other “sexual behavior disorders” from the list of disabilities that were protected by the law. Simple? No.

US Transgender Woman's Journey Turns Into Constitutional Fight

The law is as clear, but in a world where a man can be a woman, the law is not the law.

James Blatt, a Pennsylvania seasonal stocker at the Cabela’s outdoor chain, wanted to use the ladies room. The retailer, some of whose female employees may have been less than thrilled at the idea of sharing a bathroom with a large man (Mr. Blatt had posed at one point in a t-shirt reading “A Transexual Menace”) and he was fired after being accused of threatening another employee’s child.

Blatt (who insisted that he was really a woman named Kate Lynn) sued Cabela’s claiming that denying him the use of the ladies room was a refusal to accommodate his “disability”.

The ADA had specifically ruled out men claiming to be women as a disability, so his lawyers argued that the ADA itself was unconstitutional because it didn’t cover the right of men who think that they are women to use the ladies room.

The Obama Justice Department jumped into the case and argued that since the ADA exclusions specified “gender identity disorders not resulting from physical impairments”, it could be ignored because according to it transgender beliefs were all really a physical problem.

And so every single man who claimed to be transgender was also instantly disabled.

In reality, the ADA’s “physical impairment” reference was to people who were born with actual physical problems or suffered an accident.

But Judge Joseph F. Leeson, Jr., an Obama judge, instead offered up a ruling worthy of the proposition that any man can be a woman, claiming that “gender identity disorders” only refer to “the condition of identifying with a different gender” but don’t cover “a condition like Blatt’s gender dysphoria, which goes beyond merely identifying with a different gender and is characterized by clinically significant stress.”