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Bush Administration Loses Major Case of Transgender Discrimination at Library of Congress

The Library of Congress has lost a major discrimination case brought by a former special forces commander. Diane Schroer (formerly David Schroer) was hired as a senior terrorism analyst, but then denied the position when he informed the Library of Congress that he intended to have a sex change operation. The opinion below is an important victory for transgender rights and a baffling decision by the Justice Department to defend such a clearly discriminatory act.

The decision was handed down by U.S. District Court Judge James Robinson who held: “The evidence established that the Library was enthusiastic about hiring David Schroer — until she disclosed her transsexuality. The Library revoked the offer when it learned that a man named David intended to become, legally, culturally and physically, a woman named Diane. This was discrimination ‘because of … sex.’ ”

Schroer asked her future boss to lunch to disclose her plans for the operation. The next day, the job was rescinded.

The court will next determine damages.

It is remarkable that the Administration would fight such a clear act of discrimination. It would suggest that policy that transgender people are barred from federal employment. It once again raises questions of the ideologues still in control of the Justice Department, which could have scuttled the case in favor of a settlement. It is unclear whether Library will have to file this one under “The Library of Congress’ Fight for Discrimination” or simply “Remarkably Moronic Legal Decisions in the Twenty-First Century.” Perhaps a cross index?

For the opinion, click Transgender opinion
For the full story, click here.

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