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private discrimination?

middleagedgamer

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Section 511(a) and 511(b)(1) of the Americans with Disabilities Act specifically exclude sexual orientation and gender identity from coverage.

Is that constitutional?

I think it violates the 14th amendment's guarantee of equal protection.

Not only that, but SCOTUS has ruled numerous times (Lawrence v. Texas and Romer v. Evans, just to name a few) that the government has no legitimate purpose for discriminating against homosexuals.

Now, you might argue that it's just the private sector, not the government, but it is still the government because...

1) The EEOC is discriminating against gays and trannies in who they provide their services to, and
2) According to Title II of the Americans with Disabilities Act, as well as parts of the Rehabilitation Act of 1973, state, local, and (in some cases) federal government agencies are also bound by discrimination laws. Therefore, if they take Congress up on that offer (to exclude gays and trannies from their anti-discrimination policies), then it is still government discrimination.

Add that to the fact that US Code, Title 42, Section 2000d-7(a) clearly states that state and local governments don't even have sovereign immunity when sued in federal court for discrimination, and we're definitely starting to get somewhere.

Since I'm straight, I have no injury to actually claim. Can someone please sue for this?
 
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Deuce

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Err, are you arguing that being gay is a disability?
 

middleagedgamer

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Originally, I was concerned with the fact that gender identity is explicitly excluded from discrimination laws, despite the fact that the American Psychological Association specifically lists gender identity disorder as a disability.

I was originally going to post this thread exclusively about gender identity. I looked at the text of the ADA to find out, specifically, what section of the ADA excludes gender identity from coverage. However, as I was looking up the section, I noticed that sexual orientation was also included, so I included it, as well.
 
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