what gives congress the right to decide if something is not a disability?

one of them said "pedophilia is not considered a disability under the law"

implying that they have the right to ignore the diagnosis that x does qualify as a mentle illness disorder or disability under the critiria for diagnoseing mental conditions.

and give certain clenically disabled people privliges others won't get under the law.

what part of law allows them to do this when they are not qualified to diagnose a mental condition in the first place?


TL:DR what law or constituional amendment is the reason congress can define what is and is not a mental illness , desease or disability, when it meets the clenical critiria to be diagnosed as such?

as this power is giveing the US the ability to give special rights certain disabled people.

Update 2:

why is "disability under the law" a thing what law lets them say someone diagnosed with a disability or disorder is not one "under the law" giveing those who are qualified under the law protections the other disabled people don't get

what law or constitutional amendment lets them say something is not a disability under the law if it is actually a disability?

Update 3:

"can a biastaphile be arrested for role playing rape with a consenting adult ,no

can a pedophile be arrested for role playing what they like with a consenting adult ,yes

is it legal to vote guilty just because a person is a pedofile even if the evidence proves he did not do the crime, yes because its not illegal to violate a persons rights because they have pedophilic disorder"

i have toonphilia and even i don't have equal rights to you

Update 4:

" studies on how abuse affects a victim does not explain justifying punishing one of those victims because the abuse caused them to develop pedophilic disorder.

what studies show haveing the attraction has ruined some ones life other then the pedophile, the fbi behavioral anaylisis shows the majority of molesters don't have pedophilic attraction they are straight men who raped a child because a woman was not available to rape"

Update 5:

"laws are made to protect people"

who was the simulated child porn law set up to protect

who was the law stoping people from owning lolicon set up to protect

who was the law that allows a pedo to be arrested for acting on his urges in roleplay with a consenting adult set to protect

studies in japan prove giveing them an out let makes them less likely to offend unless they already have. studies here show cognitive diabilities and impulse control disabilities are why pedos molest not the desire

Update 6:

" the us constituion gives state and federal the right to make laws yes but i did not know it gave them the right to discriminate in the enforcement of those laws"

Update 7:

there is no law defineing being sexually attracted to children as illegal and that is what pedophilia is.

the law defines molesting kids and owning cp or grooming kids as illegal

does the law conside pedophilic disorder a mental illness as it is one and does impair the sufferer one of the requirements in the disabilities act

7 Answers

  • 2 months ago
    Favorite Answer

    Your assumption that the congressman implied that congress has the right to diagnose mental disorders is incorrect.  Instead it is reasonable that the congressman was implying what pedophilia IS CONSIDERED UNDER THE LAW.  Under the law, pedophilia is a crime.

    Section 12102 of the ADA statute linked below defines, under law, how disability is legally defined.  But the entire Act is filled with information that might enlighten your understanding.  

  • Anonymous
    2 months ago


    you gave me that very help full document i wonder if you could give me a similar document.

    you said "pedophilia is listed as a crime"

    i would like a legal doc like the one you just gave me showing that the attraction to minors is a crime as i have looked every where and can not find it.

    if this is because the legal deffinition for the word pedophilia has nothing to do with attraction and is about molestation , grooming and exploitation.

    that would explain why i can not find anything,

    it is also useing legal jargin to justify constituional rights on the basis of a persons sexual attraction.

    you can't have a fair trial when people are allowed to be biased against you because they don't have to acknowlage that pedophilia is an attraction.

    being put in jail for something like a sex doll or anime is a violation of their 8th amendmant rights

    and you can't get equal rights and civil rights if the goverment refuses to acknowlage that pedophilia and child abuse are not the same thing now can you.

    basically if you developed pedophilia from being molested by a US soilder he not only raped you but lied about what he served for because you don't have rights anymore

  • 2 months ago

    What "protections" do you expect to achieve?

    Having a mental illness doesnt govern any rights to act upon your impulses without reprocussions.There's no law that will allow you to act upon your sexual urges, as any laws to protect children would supercede that.

  • Neil
    Lv 4
    2 months ago

    A dignosible condition is not necessarily a disability. 

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  • Foofa
    Lv 7
    2 months ago

    What is and isn't a mental illness is determined by the board the drafts each new version of the DSM. So that would be the American Psychiatric Association. Congress doesn't pass laws based on what is and isn't considered a disability. It passes laws to protect people and every legitimate study ever done on child sexual abuse proves that this destroys the life of the child victim. It's then up to law enforcement to arrest offenders and up to the prosecutors to determine when someone is mentally ill/disabled or just a scummy rapist. 

  • User
    Lv 7
    2 months ago

    The U.S. Constitution.

  • 2 months ago

    They aren't ignoring the diagnosis -- saying it is not a disability is not saying it isn't a disorder.  Similarly, those who come with with the criteria for diagnosing the condition are not qualified to determine what is a "disability under the law".  Not all disorders and conditions are disabilities.  For example, having a cold is a real medical condition but it is not a disability under the law.

    What gives Congress the right to decide what is something is UNDER THE LAW is the Constitution that says that Congress shall decide on the laws.

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