A Victory, A Bit Of Common Sense and An Ongoing Promise
Posted September 23, 2008
http://radnichole.wordpress.com/2008/09/23/a-victory-a-bit-of-common-sense-and-an-ongoing-promise/In that ruling Scalia wrote for a unanimous decision by the Supreme Court. His words are words that are definitely written by one who is normally accepted as a "strict-constructionist" of constitutional law. Although one might note that Justice Scalia never contemplated his words being used in a decision that allowed a transsexual plaintiff to prevail in a Title VII sexual discrimination lawsuit over a recension in an offer of employment by the Library of Congress.
Say what? Yes, a transsexual woman won a discrimination lawsuit based on Title VII? The basis is "sex" not "sexuality?" The judge likened sex-change to changing religious affiliation and in firing or not hiring a person because she changed from Christianity to Judaism? O, my! The quoting of a Supreme Court decision written by perhaps the most conservative and "strict-constructionist" of the current court justices certainly seems a bit of irony worth savoring for those of us who savor Diane Schroer's victory.
