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Dept of justice has interest in a case of GID linking it to a physical disability

Started by Cynobyte, November 17, 2015, 01:50:53 AM

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Cynobyte

https://drive.google.com/file/d/0B1L0NBBEIAFvajdGYWE0c2swVWs/view?pli=1

I don't know if this is right, but I wanted to post so someone with legal skills can look into this for us..  One side may be good, but may have a bad side too..

Basically what I take out of it, is that the doj is looking into the linked case stating they are thinking tg is a physical disability?  It may help on the medical side, but do you want to be considered disabled from it?

Postcards from the other side:)

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RobynD

Yeah that certainly seems like a mixed bag doesn't it. GD was removed from disorder status in only what, 2013? Still some of these issues and other issues make it very hard to function for many and people need the meds that will help them live a fuller, contributing life.


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Joi

Very interesting!  Many ramifications & worth following!  thanks!

BTW FYI The Houston VA held a memorial service yesterday in honor of Trans. Day of Remembrance and a Q & A RE: Services available for trans. vets at the facility.  I was asked to be a part of the panel which included the Chief of Endo., 2 staff psychologists an MD, and  PA from the Women's Clinic.

It was well attended (approx. 40).

This is a 1st for the facility and I see this becoming an annual event.


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Kellam

http://www.epgn.com/news/local/9663-government-gender-dysphoria-has-physical-cause

Just came across this on FB, they made a ruling, we're disabled.

Still not sure how I feel about it. It has been a major difficulty in my life but I don't like the implication. I have known disabled folks my whole life, my father works in group homes for the mentally disadvantaged  and I know folks with Cerebral Palsy who struggle every day to do the smallest tasks. One of whom has gotten mad at a trans woman who conflated the two.

I would still like to see gender identity receive its own protection so that non dysphoric trans, genderqueer and yes cis folks with different gender expression will be protected too.
https://atranswomanstale.wordpress.com This is my blog A Trans Woman's Tale -Chris Jen Kellam-Scott

"You must always be yourself, no matter what the price. It is the highest form of morality."   -Candy Darling



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iKate

It's not a ruling. It's a statement by DOJ explaining why they needed to be added to the case as an intervenor (motion to intervene).

Hopefully the district judge will rule in Blatt's favor, but that is not guaranteed.

But since this is Eastern PA, it is the 3rd circuit and there is a very good chance that when this reaches the appellate level that it would be ruled in our favor. Then it's probably on to S.Ct where we can hope for a grant.
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iKate

BTW I am surprised because I have been to that Cabela's many times and used the women's restroom without issue there.
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Stevie

 I am not disabled just because I am different, it is no more of a disability than having blond hair. I am somewhat emotionally handicapped due to society's intolerance and the indoctrination I received when I was younger, but that was a result of being a member of an oppressed minority afraid to let the world see who I really am; which begs the question is being a minority a physical handicap?
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iKate

Quote from: Stevie on November 23, 2015, 02:55:02 PM
I am not disabled just because I am different, it is no more of a disability than having blond hair. I am somewhat emotionally handicapped due to society's intolerance and the indoctrination I received when I was younger, but that was a result of being a member of an oppressed minority afraid to let the world see who I really am; which begs the question is being a minority a physical handicap?

I think it's the lesser of two evils.

I'll be blunt - I cringe at the thought of the Government labeling me as having a "mental illness" or a "mental issue."

But without something to describe and categorize the issue, there is no avenue to get help with medical insurance coverage as they do not cover elective procedures.
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Cindy Stephens

I actually applaud and am heartened by the DOJ position.  The concept of handicap isn't that you can't do the job, just that you are discriminated against and not allowed to do the job.  While I would prefer being placed in a category where we, as a class, would simply not be allowed to be discriminated against, I will take the backdoor handicap designation.  I have not transitioned because of the possibility of losing my good livelihood that supports my family.

The part of their argument I really, really like is that it is based on real, physical things that happen in the womb.  The Feds seem to be intent on using SCIENCE to show that we are born this way.  Now, I live in the deep south of US and much of the argument against us is based on it being a sin of choice.  Take that argument away and the conservatives lose their "reasonable" argument of not wanting to feed into a sinners delusion.  A common argument here that can resonate with moderates.  Beating up on someone with a minor birth defect gives them the appearance of being unreasonable and/or just plain mean.  These were the same exact transitions of understanding that helped Gays achieve equality.  I think many moderates would love to jump ship and back us but need the ammunition to make the "nature" case.  Most of them don't read Susans and are ignorant of current research.   This case may at least bring a deeper understanding and wider knowledge of the scientific basis for our existence.   
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Cindy Stephens

iKate,

I don't think that the DOJ is arguing that we are mentally ill.  Go back and re-read the article.  They are arguing that something happens in the womb, a physical difference, that causes it.  Their argument seems to be that we have actual, at least partial female brains caused by exposure to hormones or maybe drugs like DES.  Neurologists can now show these physical differences as printouts from real, scientific, generally accepted tests of our physical bodies.  Not a mental illness, just different brain structures more like a woman's.  Getting that understanding across to the general public gives us the high, moral ground.  I'd like it there just fine and won't quibble about being labeled as "handicapped" as defined under specific ADA classifications.  It is much better than the labels given to us by many of the churches and "political powers that be" down here.     
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