Blatt v. Cabela’s (USA)

1 Dec

Gender Identity Watch

In a shocking development, the U.S. Department of Justice has stated in a filing in an employment discrimination case that gender dysphoria has a physical cause.

Katie Blatt, a transsexual woman, claims adverse employment action based on transsexualism as a disability under the Americans with Disabilities Act (“ADA”). The ADA expressly excludes “transsexualism … (and) gender identity disorders not resulting from physical impairments” from coverage under the ADA (the “GID Exclusion”). The U.S. Department of justice submitted a statement of interest asserting that as a matter of statutory construction, Blatt’s gender dysphoria “falls outside of scope of the GID Exclusion because a growing body of scientific evidence suggests that it may ‘result from a physical impairment’.” The government is effectively advocating that the court hearing Blatt’s case not, for example, allow discovery on the issue of whether Blatt’s gender issues are related to a physical impairment, and instead rely on an…

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One Response to “Blatt v. Cabela’s (USA)”

  1. petuniacat00 2015/12/03 at 3:46 pm #

    Yes exactly! People are entitled to protection from persecution for a delusion but no there’s no legal obligation to cater to it, as you say. And I have come to the believ that people who think they ‘are’ or need to be the opposite sex are suffering from a delusion. Not in the psychotic sense. And not in the derogatory sense of just name calling. They have something wrong going on in them and they deserve to be helped.

    And don’t get me started on crappy research…

    Also IIRC for a scientific claim to be recognized and used by the courts it has to be generally accepted, fully established. It can’t be something that ‘looks like maybe in five years will be broadly accepted’. And it seems to me that’s the most generous interpretation that could be put on what the government is attempting to present as evidence. Plus the government intervening in a private lawsuit as the post states is really weird and bad. It’s like the paranoid imaginings of some rightwing Christian. And once more I notice the phenomenal extent to which the US federal government is exerting itself on behalf of trans people in contrast with disabled people. Nothing like this is ever done for people with disabilities. I’m thinking also of the school washroom cases that the Justice Department participated in. At least if they’re doing this stuff for crippled kids in school I’m not hearing about it. (I’m crippled myself.)

    Last point, that my fellow brain science critics would want me to make, sometimes changes found in peoples brains are caused by an habitual activity. And not the other way around. So certainly taking hormones, but even the dressing a certain way, ‘femulating’ or being in a state of weird anxiety thinking that you’re the wrong sex could conceivably cause changes in the brain compared to the rest of the population that would show up on some kind of brain test or technology. In other words if you work out heavily in the gym every day it might change the size of some little bit of your brain relative to the size of that bit of brain in other people. Thus having a slight difference in brain anatomy is not in itself proof that the condition in question was caused by an inborn difference in your brain. Brains change all the time. Having said all that I don’t believe that the technology we have today can actually find differences in people’s brains relative to the general population. There’s too much variation all over the place and the technology is too low resolution. But even if it did it wouldn’t mean the brain thing came before the characteristic, transgender in this case, for which the special treatment is requested.

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