Court Passes on Transsexual Discrimination

[NVMojo]

WASHINGTON (AP) - The Supreme Court refused Monday to consider shielding employers from discrimination lawsuits by transsexuals, dodging a workplace rights fight.

The court's refusal to intervene leaves in place a victory for Cincinnati Officer Philecia Barnes, who was born Phillip Barnes.

A federal appeals court upheld a jury's finding that Barnes was a victim of discrimination, under a federal civil rights law. The city had been ordered to pay the officer $320,000, and pay another $550,000 in attorney fees.

Barnes, a 24-year veteran of the Cincinnati police force, dressed as a man at work but a woman during off-hours in 1999 when the officer was demoted. Barnes sometimes wore makeup to work and had manicured nails.

more...

http://www.lasvegassun.com/sunbin/stories/bw-scotus/2005/nov/07/110702297.html

[ck4829]

1. The Fascists have marched into the Supreme Court

:(

[SharonRB]

2. Unless I misunderstood, this is good news, not bad.

[Ian David]

3. It's semi-good. They let the pro-equality ruling stand without review

I really don't understand why fundies hate transexuals. Transexuals are obviously born different from non-transexuals and haven't made a "choice" that the self-righteous Xians can shake their fingers at.

[Marnieworld]

5. I think that they don't get that

Get that people are born that way that is.

The concept that someone can look like one gender on the outside but bio-chemically identify differently is pretty new. It's not like "Boys Don't Cry" was a Blockbuster. Fundies aren't watching the Discovery Channel or TLC for information. Just like they still insist that homosexuality or whatever is a "choice" they refuse to even attempt empathy with someone who has gender issues.

How many sad stories, tragic and violent stories, of transexuals, how many studies will it take for them to wake up? Too many unfortunately.

[apnu]

6. What I don't get is why fundies think its any of their business

What people do in thier off time.

The person wears pants at work and a skirt at home? Good for him! Its none of my business, nor is it of anybody else's fucking business.

Why can't fundies just leave these people alone?

[TrogL]

16. EVERYTHING is their business

They want to control the entire world and have it ready for Jeebus (who's running about 20 centuries late).

[roseBudd]

10. Some transgenders are actually XYY n/t

[AlienGirl]

11. Actually, XXY, or even XXXY

XYY usually results in a really tall unambiguously male person no more likely to be trans than XY males.

Current thinking is that many karyotypically XY or XX transgendered people were surrounded by unusual hormone levels while their brains were forming, resulting in a male brain in a female body or vice-versa.

Tucker

[IndianaGreen]

13. Fundies believe that any mental illness is caused by demonic possession

They automatically reject science and, even if there was ironclad proof that gender identity was hardwired into the brain from birth (and it appears there is some evidence of that), they would reject it because it does not conform to their world view.

Why do the fundies perform exorcisms and laying of hands on people that are obviously in need of psychological intervention? Why do the fundies see nothing wrong in executing people that are suffering from schizophrenia? They reject the science and they believe that everything is caused by sin. The voices inside the schizophrenic head are the result of demons, not the consequence of the brain being different.

[ck4829]

4. Oh my goodness, it is good

I can't believe I read that wrong.

[MADem]

7. It's a 'ten foot pole' ruling

As in, we are not gonna touch this with a ten foot pole!!

It is good news for the person affected, and bad news for those who wanted to discriminate. But it won't cause others to back off, necessarily, because there is still no 'law of the land' type ruling.

[HereSince1628]

8. I think it does suggest that existing federal law does protect

this m2f from the discrimination she experienced.

[MADem]

9. Indeed, but ONLY her--it doesn't stop other cases in other places

But aside from being a ten foot pole ruling, their very refusal is a 'half a loaf is better than none' decision.

Had they taken the case, they might have ruled against her, what with the climate nowadays...

[Ian David]

12. I think it was a purely political move until the next court pick is made

Either the reactionaries were afraid they wouldn't have the votes to rule against the victim, or else the rational justices were afraid that if they ruled in favor of the victim that the right-wing would go into overdrive against the "liberal court" and install Scalito in record time.

[MADem]

15. Either that, or there is not a clamor for a decision

This being viewed by them as a "one off" or exception to the usual ebb and flow of life.

If more cases come up, they might be inclined to settle it one way or another (is it your brain or your DNA that determines??? That will be their question!), but without a public clamor one way or another, they'll give it a pass....for now!

[IndianaGreen]

14. Here is proof of the existence of a male and a female brain

After reading this thread I remembered a story I read which I posted on the GLBT forum. I did a quick search, and here it is:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=221&topic_id=18547

Your brain's sex can make you ill

Looks like sexual orientation and gender identity is hard wired into the brain, which contradicts those that claim that being LGBT is nothing but a choice of lifestyles. They will ignore this science as they have ignored any science that contradicts their Bibles.

Your brain's sex can make you ill
By Michelle Roberts
BBC News health reporter

Scientists say they have proof that the sex of the brain makes men and women more prone to different diseases.

Doctors know that women are more likely than men to have depression, anxiety or an eating disorder, while men are at higher risk of Parkinson's disease.

Post-mortem and brain imaging studies show that male and female brains are physically different.

<snip>

The sex of a brain is decided in the mother's womb and depends, among other factors, on hormone levels.

Higher levels of testosterone makes a male brain and oestrogen a female one.

Professor Dick Swaab from The Netherlands Institute for Brain Research in Amsterdam, said the proof for this comes from studies of transsexuals - people who know, often from a very early age, that they are born in the wrong gender body.

http://news.bbc.co.uk/1/hi/health/4365540.stm

[happyslug]

17. Here is the Sixth Circuit decision on this case:

http://www.ca6.uscourts.gov/opinions.pdf/05a0142p-06.pdf

A quick reading of the case shows why the Supreme Court did NOT take this case. The City if Cincinnati had filed a motion for Summary judgment on the grounds that even if Barnes could prove his allegations at trial, he would still lose. The trial Judge denied the Motion as did the Sixth Circuit saying that if the trier of fact accepts all of Barnes's accusations and deny's all of the City's defenses, Barnes can win.

Please note Barnes can still lose at trial if the Jury or Judge does not believe he was discriminated against as discrimination is defined in the 1964 Civil Rights Act. That will be decided whenever this case gets to Trial.