News and Events => Opinions & Editorials => Topic started by: Shana A on January 25, 2009, 07:14:37 PM Return to Full Version
Title: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: Shana A on January 25, 2009, 07:14:37 PM
Post by: Shana A on January 25, 2009, 07:14:37 PM
Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Filed by: Dr. Jillian T. Weiss
January 25, 2009 4:00 PM
http://www.bilerico.com/2009/01/i_hope_you_dont_think_im_being_stereotyp.php (http://www.bilerico.com/2009/01/i_hope_you_dont_think_im_being_stereotyp.php)
Judge Robert L. Miller, a Reagan appointee who sits on the federal district court for the Northern District of Indiana, has recently issued yet another curious decision in the case of Creed v. Family Express Corp. Amber Creed was fired from her job in 2005 because she is transgender. Judge Miller's first decision, in 2007, which I will call Creed I, was very curious indeed, creating a considerable amount of confusion about what precisely is protected under the federal employment discrimination law, Title VII of the Civil Rights Act of 1964. His second decision, which came out a few weeks ago (Creed II, 2009 WL 35237) is even more hopelessly befuddled. Curiouser and curiouser!, cried Alice. These decisions are a case study of why the proposed federal Employment Non-Discrimination Act should include protection for both sexual orientation and gender identity, for it demonstrates that the current federal law of employment discrimination is a patchwork welter that creates confusion for both employees and employers.
There is a considerable amount of debate as to whether, in protecting "gender identity" - one's self-identification as male or female - the law should also protect "gender expression" - one's expression of gender through clothing, styling and other behavioral and social characteristics. Judge Miller's decision in Creed I turned this debate on its head. He decreed that the federal sex discrimination protection extends to discrimination based on gender expression, but that discrimination based on gender identity is not. Under Judge Miller's rule, a crossdresser who makes no claims about sex would be covered, but a transsexual who claims to change their sex would not. In other words, sex discrimination covers a person whose sex is not implicated, but doesn't cover a person whose sex is implicated. Sheesh.
Filed by: Dr. Jillian T. Weiss
January 25, 2009 4:00 PM
http://www.bilerico.com/2009/01/i_hope_you_dont_think_im_being_stereotyp.php (http://www.bilerico.com/2009/01/i_hope_you_dont_think_im_being_stereotyp.php)
Judge Robert L. Miller, a Reagan appointee who sits on the federal district court for the Northern District of Indiana, has recently issued yet another curious decision in the case of Creed v. Family Express Corp. Amber Creed was fired from her job in 2005 because she is transgender. Judge Miller's first decision, in 2007, which I will call Creed I, was very curious indeed, creating a considerable amount of confusion about what precisely is protected under the federal employment discrimination law, Title VII of the Civil Rights Act of 1964. His second decision, which came out a few weeks ago (Creed II, 2009 WL 35237) is even more hopelessly befuddled. Curiouser and curiouser!, cried Alice. These decisions are a case study of why the proposed federal Employment Non-Discrimination Act should include protection for both sexual orientation and gender identity, for it demonstrates that the current federal law of employment discrimination is a patchwork welter that creates confusion for both employees and employers.
There is a considerable amount of debate as to whether, in protecting "gender identity" - one's self-identification as male or female - the law should also protect "gender expression" - one's expression of gender through clothing, styling and other behavioral and social characteristics. Judge Miller's decision in Creed I turned this debate on its head. He decreed that the federal sex discrimination protection extends to discrimination based on gender expression, but that discrimination based on gender identity is not. Under Judge Miller's rule, a crossdresser who makes no claims about sex would be covered, but a transsexual who claims to change their sex would not. In other words, sex discrimination covers a person whose sex is not implicated, but doesn't cover a person whose sex is implicated. Sheesh.
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: Hazumu on January 25, 2009, 09:38:28 PM
Post by: Hazumu on January 25, 2009, 09:38:28 PM
...I'm confused... ???
=K
=K
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: cindybc on January 25, 2009, 10:14:35 PM
Post by: cindybc on January 25, 2009, 10:14:35 PM
Me too, someone has made a fine can of worms out of that one.
Cindy
Cindy
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: mickie88 on January 26, 2009, 11:10:26 AM
Post by: mickie88 on January 26, 2009, 11:10:26 AM
i vote to have him removed, it's simple, EITHER YOU'RE PROTECTED OR YOU'RE NOT!!! damned gender police!!!! :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police: :police:
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: tekla on January 26, 2009, 11:30:44 AM
Post by: tekla on January 26, 2009, 11:30:44 AM
He is a sitting federal judge, you don't get to vote him out, he has a lifetime appointment. Only Congress can pull him, and only after he is impeached, so that ain't happening.
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: Lisbeth on January 26, 2009, 05:03:12 PM
Post by: Lisbeth on January 26, 2009, 05:03:12 PM
Quote from: Zythyra on January 25, 2009, 07:14:37 PM
Would It Kill You To Look Like A Man?
Yes.
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: cindybc on January 26, 2009, 06:41:04 PM
Post by: cindybc on January 26, 2009, 06:41:04 PM
I never was a man, so how could I be something I never was. I only just became more entrenched into becoming myself after allowing myself to do so.
Cindy
Cindy
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: Suzy on January 26, 2009, 06:47:35 PM
Post by: Suzy on January 26, 2009, 06:47:35 PM
(https://www.susans.org/proxy.php?request=http%3A%2F%2Ffc50.deviantart.com%2Ffs8%2Fi%2F2005%2F328%2F1%2Ff%2F_judge__by_Mrichston.gif&hash=2dfb048a1cb075dfbe6bf4f495fbc72f5766872b)
More idiotic judicial activism. Sheesh ,indeed. I guess this guy got his training at the law firm of Dewey, Cheatem, and Howe.
Would it kill me to look like a man? Well, so far it nearly has.
(https://www.susans.org/proxy.php?request=http%3A%2F%2Fganjataz.com%2F01smileys%2Fimages%2Fsmileys%2FloopyBlonde-blinking.gif&hash=4545ddf8251cf9c32ae6074d56e48bc34a755857)Kristi
More idiotic judicial activism. Sheesh ,indeed. I guess this guy got his training at the law firm of Dewey, Cheatem, and Howe.
Would it kill me to look like a man? Well, so far it nearly has.
(https://www.susans.org/proxy.php?request=http%3A%2F%2Fganjataz.com%2F01smileys%2Fimages%2Fsmileys%2FloopyBlonde-blinking.gif&hash=4545ddf8251cf9c32ae6074d56e48bc34a755857)Kristi
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: RebeccaFog on January 26, 2009, 06:48:59 PM
Post by: RebeccaFog on January 26, 2009, 06:48:59 PM
Quote from: tekla on January 26, 2009, 11:30:44 AM
He is a sitting federal judge, you don't get to vote him out, he has a lifetime appointment. Only Congress can pull him, and only after he is impeached, so that ain't happening.
Is it legal to mail him a letter that has the statistics concerning Gender Dysphoria, suicide, murder, and lost productivity due to emotional issues.
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: mina.magpie on January 26, 2009, 09:55:52 PM
Post by: mina.magpie on January 26, 2009, 09:55:52 PM
Hmmm. Kinda reminds me of that little judge in Boston Legal, Judge Clark Brown, the uber-patriotic back-in-the-closet gay one. He likes that gavel of his waaay too much.
Mina.
(https://www.susans.org/proxy.php?request=http%3A%2F%2Fia.media-imdb.com%2Fimages%2FM%2FMV5BMTI4MTIxNTc1MV5BMl5BanBnXkFtZTYwMjM2Njk3._V1._SX404_SY323_.jpg&hash=66236b5855f6cafd5b6dc335e8f1afeb706a6ecb)
Mina.
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: tekla on January 27, 2009, 12:34:47 AM
Post by: tekla on January 27, 2009, 12:34:47 AM
You are free to mail, or fax information to his office so long as its not a threat. His address is in the Federal Register, and I posted it on the last thread on this subject.
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: Dennis on January 27, 2009, 12:55:17 AM
Post by: Dennis on January 27, 2009, 12:55:17 AM
Quote from: Lisbeth on January 26, 2009, 05:03:12 PMQuote from: Zythyra on January 25, 2009, 07:14:37 PM
Would It Kill You To Look Like A Man?
Yes.
No, in fact that's why I get a needle in my ass every week :)
Dennis
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: Lisbeth on January 27, 2009, 12:10:37 PM
Post by: Lisbeth on January 27, 2009, 12:10:37 PM
Quote from: Dennis on January 27, 2009, 12:55:17 AMQuote from: Lisbeth on January 26, 2009, 05:03:12 PMNo, in fact that's why I get a needle in my ass every week :)Quote from: Zythyra on January 25, 2009, 07:14:37 PMYes.
Would It Kill You To Look Like A Man?
Dennis
FTMs are the strangest creatures!
Title: Re: Would It Kill You To Look Like A Man? Transgender Employees in Indiana
Post by: cindybc on January 27, 2009, 12:18:27 PM
Post by: cindybc on January 27, 2009, 12:18:27 PM
I get a needle in my ass every two weeks but I'm going the opposite way, maybe by the time we get to the other side we will be unisex. "Hee, hee, hee." Talk about a gender bender trip. ;D
Cindy
Cindy