There’s even a link provided by HUD that describes what the Fair Housing Act is. Officially known as Title VIII of the Civil Rights Act of 1968, the Fair Housing Act basically bans a home seller or landlord from discriminating against a buyer or renter on the basis of race, color, religion, sex, or national origin.
Originally, this post was going to be about the exceptions to this law. I was going to title this post “The Discriminating Discriminator”, but then I came across something bizarre enough to make me rethink my post. Something bizarre enough to share.
In 1988, an amendment was added banning discrimination against anyone with a handicap. Seems simple enough. The law even goes into detail as to define “handicap”. Title 42, Section 3602, paragraph (h) of the United States Civil Code (USCC) states:
(h) “Handicap” means, with respect to a person—
(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment,
Again, seems simple enough…until you read the Notes section for this part of the USCC.
The Notes section states, in part, that “neither the term ‘individual with handicaps’ nor the term ‘handicap’ shall apply to an individual solely because that individual is a transvestite.”
Who was it that ever thought being a transvestite was a handicap akin to a “mental impairment”?!?
Oh…up until May of last year, the bible of the psychological profession, the DSM-IV, thought so. The latest version, the DSM-V, has removed “gender identity disorder” as a mental illness.
Here’s another thought. Since someone took the time to put those Notes in the USCC, I wonder if there was ever a moment (after 1988 but before May 2013) when a transvestite attempted to buy/rent a home and the seller/landlord refused. Then, did this transvestite file a complaint claiming discrimination because of his “disability”. Hey, it was defined in the DSM-IV as a “mental disorder” so here was the transvestite’s one opportunity to use that moniker to his/her advantage. In the court case that followed, did the judge rule for the transvestite, which then prompted legislators and/or HUD officials to add the Note.
There’s a story here. Just wish I had the time to ferret it out.