Federal Court Adopts Religious Conversion Analogy in Transgender Discrimination

[Kate Thomas]

Federal Court Adopts Religious Conversion Analogy in Transgender Discrimination Case

by New York Law School Professor Arthur S. Leonard

Title VII was enacted by Congress in 1964, at a time when the issue of transsexual discrimination was not discussed, and a straightforward proposal to protect transsexuals from discrimination at that time would have been a political non-starter had it been placed before Congress.  Based on this historical perspective, courts have routinely relied on "congressional intent" to deny protection to transsexuals.   But, Robertson pointed out, the Supreme Court has itself disavowed this approach to interpreting federal statutes.


edit; better link to the article installed =k

[NicholeW.]

The irony of using Scalia to bolster a decision finding a transsexual was discriminated against on the basis of her sex is simply too sweet not to be upheld. It's about damned time that this was made.

The 1st Amendment was created before B'ahai faith was created, does the First Amendment not apply to B'ahais?

Excellent and the "conversion" factor is also excellent.

Nichole