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SCOTUS to consider case of transgender inmate housed based on biological sex

The lawsuit alleges Kesha Williams was not accommodated for a 'disability' of believing himself to be a woman.

Published: June 19, 2023 11:39pm

The Supreme Court is expected to soon decide whether it will take up a case regarding a transgender inmate who is claiming discrimination for not having gender dysphoria affirmed while being held in custody in Virginia.

According to SCOTUSblog, America's go-to Supreme Court tracker, the justices could re-hear Kincaid v. Williams.

The case centers around Kesha Williams, a biological male who identifies as a transgender woman, and Stacey Kincaid, the Democratic sheriff of Fairfax County, Virginia, whom Williams is suing for allegedly violating the Americans with Disabilities Act.

Williams alleges that Kincaid and county officials violated the ADA by jailing him in the male facility and denying hormone therapy. Williams also claims he wasn't granted requests to shower privately and be body-searched by female deputies, SCOTUSblog said.

The case is 1 of 117 petitions and applications SCOTUS is set to consider, and will only hear three of them for a second time.

Williams' lawsuit was dismissed by a U.S. district court that pointed out that "disability" as defined in the ADA does not include "transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, [and] other sexual behavior disorders."

But the case was resurrected by the 4th Circuit U.S. Court of Appeals in August when it claimed that "gender identity disorder" as defined at the time of the ADA's enactment is not the same as the current definition of "gender dysphoria" since the former term was removed from the Diagnostic and Statistical Manual of Mental Disorders.

In a 2022 interview with the Independent, Williams said his bras were taken and he was not allowed to get more.

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