How Gender-Fluid Ideology Discriminates Under the ADA, and How To STOP it
A disability under the Americans with Disabilities Act (“ADA”) is a “physical or mental impairment that substantially limits one or more major life activities.”
This article is absent intent or authority as legal advice. It does not form a client/advocate relationship because I’m writing this article. If you want advocacy help with this, contact me at adarights at protonmail dot com.
Your child’s school wouldn’t dare say “We’re NOT offering schooling to those who can see, hear, and walk.” This is obviously discriminatory, because it excludes on the basis of physical condition or abilities. In this example, being able to see, hear, or walk would be regarded as a disability, because those children would be excluded from the programs, services, and activities of the school, based upon their physical condition.
In the same sense, the school cannot condition it’s offerings based on the presumption or regarding your child’s major life activities of normal cell function, the endocrine system, sexual reproductive systems, thinking, learning, concentrating, interacting with others, caring for oneself, and more as being DISABLED.
Gender-Fluid ideology regards ALL of these major life activities in your child as disabled, which brings the Americans with Disabilities Act into play.
Further, Gender-Fluid ideology brings coerciveness and interference with ADA rights into the picture, which are prohibited acts.
The ADA, Title II states:
an individual is “regarded as having such an impairment” if the individual is subjected to a prohibited action because of an actual or perceived physical or mental impairment, whether or not that impairment substantially limits, or is perceived to substantially limit, a major life activity, even if the public entity asserts, or may or does ultimately establish, a defense to the action prohibited by the ADA.
Gender-Fluid ideology claims that sex assigned at birth, which is based upon genitals and/or DNA markers, is wrong, and this regards every child as disabled on the basis of their “perceived” substantially limited (GF ideology would say “wholly” limited) major life activities of normal cell function, the endocrine system, sexual reproductive systems, thinking, learning, concentrating, interacting with others, caring for oneself, and more as being DISABLED.
Rights under the ADA
The right to equally access the programs, services, and activities of state/local government without regard to your physical or physiological condition.
In the same way that a state cannot hold an event that would specifically exclude all hearing people based upon their ability to hear, the state cannot force training upon your child on the basis of your child being born with a sex marker on their DNA.
Gender-Fluid ideology is that the sex marker on the DNA/Birth Certificate is wrong, so it must be changed or at least addressed.
This is discrimination on the basis of disability, regarding normal cell function, the endocrine system, sexual reproductive systems, thinking, learning, concentrating, interacting with others, caring for oneself, and more as DISABLED. They are saying these things are disabled and need to be fixed with sex changes, HRT, puberty blockers, etc.
Gender-Fluid ideology treats ALL of these major life activities as “substantially limited” and wrong.
States promoting, allowing, or implementing Gender-Fluid ideology is discrimination on the basis of your child being “regarded as” disabled in these major life activities.
State Immunity is Removed Concerning ADA Claims.
42 USC §12202 removes state immunity concerning ADA claims. So does 28 CFR §35.178. Affirming this is the SCOTUS ruling in Tennessee v. Lane 541 US 509.
This means that the state that is so accustomed to saying “We have sovereignty, and can do it however we want,” LOSES that immunity concerning discrimination or other violations that bring ADA claims.
I’ve been operating as a Certified ADA Advocate for five years, and I can tell you from experience that judges, administrators, police, or other bureaucrats BACK UP when the ADA is in play.
So, if you want to end the discrimination against your child; if you want to end the life-threatening horror of Gender-Fluid ideology being coercively presented to your child, while they presume to further disable your child by promising to “maintain confidentiality” (which is excluding you from your child’s records), USE THE ADA to shut it down.
If you need help with this, contact me at adarights at protonmail dot com.
P.D., JAY V SHORE, as Certified ADA Advocate