Judge May Dismiss Richard Simmons' Defamation Lawsuit Against Transgender Claim

It looks like court proceedings are not moving in Richard Simmons' favor. 

According to Page Six, the workout icon's defamation lawsuit against the National Enquirer based on claims that he is transitioning from male to female is about to be thrown out. 

As L.A. Superior Court judge Gregory Keosian said on Wednesday, Aug. 30, 2017, "This court finds that because courts have long held that a misidentification of certain immutable characteristics do not naturally tend to injure one's reputation, even if there is a sizeable portion of the population who hold prejudices against those characteristics, misidentification of a person as transgender is not actionable defamation absent special damages."

While Keosian recognized the discrimination transgender people may face, he ultimately upheld that "the court will not validate those prejudices by legally recognizing them."

Simmons' attorney, Neville Johnson, fought back against the judge's tentative decision. "The object of the National Enquirer was to do everything they could to humiliate this person. They made it up entirely out of whole cloth," he said. "I submit that when you make something up intentionally...and put it on the cover, there's an inference you can make that somebody's reputation is going to be harmed."

As Nicki Swift previously reported, the fitness guru, who has been taking a time out from the spotlight, planned to sue three tabloids in May 2017 for "a hurtful campaign of defamation and privacy invasions." As a part of his current lawsuit, Simmons put together a list of five reasons why he's not transgender, which include: He is male, he is not transgender, he has never sought medical treatment to transition from male to female, he has never had breast implants, and he has never consulted a doctor regarding sex reassignment surgery.

"I fully support transgender individuals and their struggle to achieve acceptance and equality," the 69-year-old added. "Nonetheless, the false and fabricated claims that I was contemplating 'castration' and have had a 'boob job' have caused me extreme embarrassment."

While we wait for the judge to make an official decision, read up on why Simmons has been so quiet lately.