Kate Lynn Blatt v. Cabela’s (USA)

The Americans with Disabilities Act explicitly bars the use of its protections for many transgender people. Katie Lynn Blatt, a transwoman, filed a discrimination suit last summer under the ADA and Title VII. Blatt asserts that the ADA should cover claims based on gender dysphoria.

“This court should find the ADA’s exclusion of ‘transsexualism … [and] gender identity disorders not resulting from physical impairments’… unconstitutional and inapplicable to plaintiff Blatt, as it stands in clear violation of the equal protection clause of the Fourteenth Amendment, as reverse incorporated and applied to the federal government through the Fifth Amendment,” according to a brief filed by Blatt’s lawyers.

Blatt Docket Blatt Motion to Dismiss Blatt Response Transgender Woman Challenges Constitutionality of ADA Exclusion _ The Legal Intelligencer

First transgender discrimination case to challenge ADA’s constitutionality _ Pittsburgh Post-Gazette

One thought on “Kate Lynn Blatt v. Cabela’s (USA)

  1. As I understand it, gender identity is only considered a disability under ADA if it’s based on an actual physical condition. For example, someone with a disorder of sexual development who has a genetic and/or physical impairment. The vast majority of transgender identified people have no actual intersex medical condition.

    (1.) Aren’t they essentially saying that “gender identity” is a mental illness? It’s not a physical medical condition, so I guess it would fall under a psychological disorder.
    (2.) Doesn’t ADA also exclude homosexuality? How can “gender identity” be a disability for the purposes of ADA when homosexuality isn’t? Are trans activists going to say, “Look, we are special and have a disability, and you gay people and lesbians don’t”.
    (3.) How do people with physical and mental disabilities feel about “gender identity” falling under ADA?
    (4.) Other than how a person self-identifies at any particular point in time, there is no precise definition of “gender identity”.
    (5.) There are numerous examples of people changing their “gender identity”. A simple online google search turns up far too many examples to list here.

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