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Federal Appeals Court: Transsexuals Have No Civil Rights
by Newscenter Staff

Posted: September 21, 2007 - 3:00 pm ET

(Denver, Colorado) A federal appeals court has upheld a lower court
ruling that found transsexuals are not covered by federal
discrimination laws.

The 10th U.S. Circuit Court of Appeals ruled that Krystal Etsitty had
no legal recourse in fighting her firing by the Utah Transit
Authority in 2005.

The court, which sits in Denver, found that the trial judge was
correct in finding that the transit authority feared it could be sued
by people born biologically female if it were discovered Etsitty
still had male genitals.

At the time of her firing Etsitty was transitioning from male to

She was undergoing hormone therapy, wearing women's clothing and
presenting herself as female.

Following her dismissal she sued under federal sexual discrimination

In court judge David Sam referred to Etsitty as "she" but dismissed
the suit saying that because Etsitty had been born male the federal
law did not apply.

Sam's written ruling said that a 1989 U.S. Supreme Court ruling
banning discrimination against people who do not meet the stereotype
of their gender - an effeminate man or a butch woman - does not
apply to the transgendered.

"There is a huge difference between a woman who does not behave as
femininely as her employer thinks she should, and a man who is
attempting to change his sex and appearance to be a woman," Sam wrote.

"Such drastic action cannot be fairly characterized as a mere failure
to conform to stereotypes. "

Etsitty appealed to the 10th Circuit which Thursday upheld Sam's

Eight groups, including the American Civil Liberties Union and the
Lambda Legal Defense and Education Fund, filed briefs in support of
Etsitty's case.

Depressing, yes...

Date: 2007-09-23 05:46 pm (UTC)
From: [identity profile]
That's sad. I'll bet we see it reversed eventually, though.

Date: 2007-09-23 10:47 pm (UTC)
From: [identity profile]
That's pretty fucked up :/


scorpionturtle: (Default)

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