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Loading ...Obama White House not appealing transgender ruling
07.01.2009 12:00pm EDT
(Washington) The Obama administration is not fighting a nearly $500,000 judgment for a Library of Congress hiree who lost the job while undergoing a gender change from a man to a woman.
The Justice Department let the deadline to appeal the decision pass Tuesday, a day after President Barack Obama hosted gay supporters at the White House and promised to be their “champion.” Some activists have complained he has not led on their causes, including ending the ban on gays in the military.Diane Schroer, a retired Army Special Forces commander from Alexandria, Va., had been offered a job at the Library of Congress when he was a man, David Schroer. The job was rescinded the day after Schroer told a library official he was going to have an operation to become a woman.
The American Civil Liberties Union filed a lawsuit on Schroer’s behalf in 2005, and two months ago a federal judge awarded her $491,190 in back pay and damages because of sex discrimination.
The Library of Congress and President George W. Bush’s Justice Department had argued unsuccessfully that discrimination because of transsexuality was not illegal sex discrimination under the Civil Rights Act.
Schroer said she saw the administration’s decision not to appeal as a recognition that transgender discrimination must end and “gives me renewed hope and restores some of my shaken faith in what our country stands for.”
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” she said in a statement. But she added that Congress must pass a law preventing “rampant” transgender discrimination across the country.
Schroer is a former U.S. Army colonel who directed a classified group that tracked and targeted terrorists. Schroer retired in 2004 after 25 years of service and worked briefly in the private sector before applying for the Congressional Research Service job at the Library of Congress.
After being offered the job, Schroer had lunch with a Library of Congress official and explained the upcoming surgery. Schroer testified the official called the next day and said the position would not be a “good fit.”
The ACLU said the decision not to appeal fits with Obama’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace,” said Sharon McGowan, a staff attorney with the ACLU Lesbian and Gay Rights Project.
It is My beliefe that, all of us in the Transgendered Community are Disscrinated against because of Gender Identities, I have myself applied for positions at My Local K-Mart Stores for the Sporting Goods Dept. on several ocasins, even thought I just started My Transition from Male to Female on Feb. 14 2007, since then, I’ve tried to find employment, but with no luck, so i know how she feel’s, since I was terminated from My job as a Professional Trail Boss on a Cattle Ranch here in Southern California, I live here in the San Bernardino Mountains, in an Area Called Big Bear City/Erwin Lake, the Type of Employment that I have found is Prospecting For Gold, since there are no Job’s in this Very Bible Thumping Mountain Valley, of the Southern California Mountains.
I have been a M2F Transsexual Since Feb. 14 of ‘07, and I’m very proud, that I Finally came out, it has been very hard, for Me to find the type of employment that I am truly qualified for, which is bein’ a Top Hand/Trail Boss, on Ranch’s. I Hope that everyone will start supporting the Transgendered Community more in the future we are, bein’ disscriminated so much in the press, and by people who think we are nothin’ but a bunch of freak’s, I hate to Dissagree with those People, But We are Human Bein’s not Freak’s we’re just tryin’ to live our Lives the best we can, and tryin’ to follow our dream’s of being the real us, wether we’re M2F or F2M Transsexual’s.
Sincerly,
Kristi Parker
You mean we have someone in the White House who is practicing what they preach?
Obama may have seemed uneasy at the WH dinner the other night because he knew he was walking into a hostile environment. Also when he does something to advance any member of the LGBTQ community for whatever reason we should rejoice for those who benefit instead of critizing every move obama makes. You lose creditability that way.
I’m encouraged by this, but I’m not convinced. I won’t contribute to Obama or congressional dems until they’ve substantially given us our rights. If ENDA passes, and DADT and DOMA are repealed, I’ll contribute again. Still, I’ll be mindful that Obama and the dems spent months doing practically nothing for us, and it could happen again. From now on Obama and the dems will have to earn my support – every step of the way.
I voted for Obama, and supported him in the very beginning during the primaries. I certainly can understand not having every item on my wish list – as a gay man, and as a liberal – not being passed in the first six months of his presidency. But there’s a huge difference between not passing major legislation, and doing just plain stupid things like the Warren invitation and the DOMA brief. It’s one thing to “be obliged to defend the law of the land” and being so callous as to call gay people everything from pedephiles to freaks of nature to attempt to support your point. It’s this “give me money” attitude while being completely unwilling to be supportive that bothers me. Passing legislation is tough. Being a defender to the defenseless is the least he and the democrats can do.
Wow, for ONCE Obama didn’t do us wrong. I hope we will see a better response from now on. I’d hate to think he just backed off of this judgment to throw us another bone due to his political expediency. When I saw him at this Stonewall Commemoration at the W.H. Obama seemed very ill at ease, almost laughably so. I don’t think Obama has known many out gay people, at least not very well. Maybe Michele should have the “gay talk” with him — couldn’t hurt.
Though I am glad his administration did not appeal the ruling I am also sad that he did NOT take the opportunity make his view on the matter known publically
@Jay (and all) I would urge you to never give money to the Democratic Party (or any other party)! Political parties are interested in one thing only: achieving and maintaining the power of the party. Doing the right thing for us poor citizens with that power is WAY down near the bottom of their priorities.
I got a snailmail appeal the other day from the Democratic Congressional Campaign Committee (DCCC), asking for $ ‘to elect more Dems to congress and help guarantee a continued Democratic majority.’
Sounds good on the surface, until you realize that there’s been a Democratic majority for going on 3 years, yet stuff like DOMA and DADT are still the law of the land, and passing a health care reform bill that includes a strong public option (never mind single-payer!) is looking less likely every day.
It’s important that we generously support individual candidates who support the changes we need. The DCCC (and the party) will back any candidate with a D after their name on the ballot, regardless of their positions on our issues.
Since the DCCC appeal had a postage-paid return envelope, I wrapped an old brick in brown paper, affixed the return label and dropped it in the mail. Pointless, I know, but it felt good and it’ll cost them a few bucks that they won’t be spending to elect some BlueDog Dem who thinks things like DOMA and DADT are just dandy.
I am glad Diane Schroer won this case. Employers federal or otherwise shouldn’t have to be sued. They should do know how to do what is right on their own.
I have helped further the LGBTQ community greatly in my community, and have been very successful. I fully support President Obama and I know that he will do all he can, when he can do it. He does have a lot on his plate and you cannot say that he has dont nothing since he has been in office. We can’t rely on other people to do the work for us all the time. If you really want change, get out there and do it yourself. Coming from a very catholic, very restricted background, and being gay, I can tell you from personal experience that change does not come easily, so you much strive to do your best if anything is to be done. We need to work together, not to sound too cliché.
offered a job at the Library of Congress when he was a man, David Schroer. The job was rescinded the day after Schroer told a library official he was going to have an operation to become a woman.
I find the pronoun use to be somewhat problematic here, it isn’t the event of SRS that should magically change what gender pronouns used to describe you suggest.
how about:
offered a job at the Library of Congress when she was presenting as male, David Schroer. The job was rescinded the day after Schroer told a library official she was going to undergo gender transition.
Don’t mistake a lack of action for action. It’s Obama’s lack of leadership and lack of action that is frustrating. Doing nothing is easy and that is what he is doing in this instance.
I agree with Victor: the decision not to appeal this verdict, coupled with the veiled reference to the language in the DOMA brief, gives me hope that President Obama has heard our loud complaints. Still, I do not plan to give any money to the Democratic Party or to support any of Obama’s causes until there is tangible progress in enacting ENDA, repealing DOMA, and ending DADT.
If they can “choose” to not appeal this ruling, why is it that they can’t “choose” to not “pursue” DADT cases? Isn’t it simply different levels of the same thing – the Administration choosing what legal cases they want to follow up on and pursue? Or is it just that it’s too politically incorrect to pursue legal cases against transgendered right now, but homosexuals are “fair game” in the eyes of the genera public?
Between Obama’s veiled reference at the inappropriateness of the language used in the brief defending the DOMA and this I am starting to feel decent about our president again. It’s slow, and I’m still holding out an actual positive review for a year from now. We’ll see what he’s gotten done then, and what he has moving towards a vote.
I just keep reminding myself about Bush, and that the alternative was McCain/Palin. In that light it’s hard to complain about this.