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11th Circuit: Transgender Discrimination Is Sex-Based Discrimination

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Evasporque Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-06-11 09:58 PM
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11th Circuit: Transgender Discrimination Is Sex-Based Discrimination
Source: ThinkProgress

A Georgia transgender woman has won her appeal that she was illegally fired for planning to make her gender transition. Vandy Beth Glenn had been a legislative editor in the Georgia General Assembly, but her supervisor, now-retired legislative counsel Sewell Brumby, testified that he found the thought of her transition unsettling, unnatural, and something that others would view as immoral. An 11th Circuit panel ruled that her termination constituted sex discrimination and the decision could have a far-reaching impact on protecting the rights of transgender people:

In each of these foundational cases, the Court concluded that discriminatory state action could not stand on the basis of gender stereotypes. The Courts more recent cases reiterate that the Equal Protection Clause does not tolerate gender stereotypes. Accordingly, governmental acts based upon gender stereotypeswhich presume that men and womens appearance and behavior will be determined by their sexmust be subjected to heightened scrutiny because they embody the very stereotype the law condemns.

We conclude that a government agent violates the Equal Protection Clauses prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity.

Read more: http://thinkprogress.org/lgbt/2011/12/06/383107/11th-ci... /



This is a landmark ruling for Transgender equal rights.
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fujiyama Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-06-11 10:01 PM
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1. Is the 11th usually considered conservative or moderate?
Anyone know who appointed them?

Either way, a step towards equality is definitely welcome!
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-06-11 10:16 PM
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3. this case was heard before judges BARKETT, PRYOR and KRAVITCH
http://en.wikipedia.org/wiki/11th_Circuit_Court_of_Appe...

The Democrat-nominated judges: Barkett (Clinton) and Kravitch (Carter). Pryor is a Bush 43 nom.
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-06-11 10:14 PM
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2. of cooooourse
good ruling. If you don't think so you're a bigot.
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brer cat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-06-11 10:20 PM
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4. k&r
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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-07-11 02:08 AM
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5. Kick
:kick:
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Evasporque Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-07-11 09:03 AM
Response to Original message
6. Kick for Trans equality!!
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-07-11 09:16 AM
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7. YEAH!
:woohoo:

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