ACLU Wins Case for Lesbian Trapped in Man’s Body

20 Sep, 2008 by John Stephenson

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Sound like parody? Well, isn’t life a parody?

A federal district court judge in Washington, D.C., ruled today that the Library of Congress discriminated against Diane Schroer when it offered her a job and then rescinded it after learning she was transgendered.

The American Civil Liberties Union, which represented Schroer, said Judge James Robertson’s ruling is the first to hold that the federal sex discrimination statute, Title VII of the 1964 Civil Rights Act, applies to transgendered people.

Other courts that have considered the issue have said Congress only intended for the anti-discrimination statute to protect men and women, but not people who change their sex, the ACLU said.

Robertson disagreed, saying Schroer’s case “was discrimination based on sex.”

“It is tremendously gratifying to have your faith in this country, and what is fundamentally right and fair, be reaffirmed,” Schroer said. “I very much hope that this ruling will help to eliminate the all-too-pervasive discrimination against sexually nonconforming people in all areas.”

She added, “I hope, too, that employers, family members, friends and co-workers will begin to understand variations in sexual orientation and identity from a basis of knowledge and not fear.”

Schroer said she applied for, and was offered, a job at the Library of Congress as David Schroer.

When David went to his first meeting with his soon-to-be boss, Schroer told her that he would be transitioning to a female before starting the job. The next day, the job offer was rescinded, Schroer says.

A particularly interesting portion of the article:

“We had a normal sexual relationship,” Schroer said. “Although, I would say that I would often think of myself being on the other side of the relationship.”

I just ran all out of snark. Its a good thing Stacey McCain has some to spare.

Just because I’m at a very early stage of transition — being a married father of six and all that — doesn’t mean that I don’t have rights as a transgendered lesbian. So I’m applying to be an op-ed columnist for the New York Times and if they don’t hire me? Hey, see you in court, you sexist homophobes! (I’ll also sue the Pulitzer Prize committee for their years of discrimination against me.)

Once I hear back from my ACLU lawyer, we’ll be on our way to the landmark case of McCain v. Sulzberger, forever enshrining in the Constitution the rights of all of us who are proud to be gay women with penises, just as the Founding Fathers intended.

Pursuing Holiness pin-points the annoyance of this case.

The ACLU celebrate victory! Freedom for confused perversion to have whatever job they want, because if you refuse it to them you are a bigot!

Crossposted from Stop the ACLU