In what's being called a huge win for the transgender community, last month the Fourth Circuit Court of Appeals found gender dysphoria is protected by federal antidiscrimination laws, a first for a circuit court.

"Given Congress' express instruction that courts construe the [Americans with Disabilities Act] in favor of maximum protection for those with disabilities, we could not adopt an unnecessarily restrictive reading of the ADA," wrote Circuit Judge Diana Gribbon Motz in a majority opinion Tuesday.

Motz, a Bill Clinton appointee to the bench, said excluding gender dysphoria, the medical condition associated with being transgender, would require the court to "rewrite the statute in two impermissible ways: by penciling a new condition into the list of exclusions, and by erasing Congress' command to construe the ADA as broadly as the text permits."

Brad Kutner

Brad Kutner

Brad Kutner is part of the National Law Journal's D.C. Litigation team. Contact him at [email protected]. On Twitter: @BradKutner.

More from this author ⟶