Judge: Transsexuals Have No Federal Human Rights Protections
by 365Gay.com Newscenter Staff
(Salt Lake City, Utah) A federal judge has
dismissed a suit by a transsexual woman who was
fired from her job at the Utah Transit Authority
for using the woman's washroom.
Krystal Etsitty, 42, is in the process of
transitioning. She is undergoing hormone
therapy, wear's women's clothing and presents
herself as female.
Etsitty sued under federal sexual discrimination laws.
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
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
"Such drastic action cannot be fairly
characterized as a mere failure to conform to
The ruling sparked sharp criticism from LGBT rights activists.
"The American people believe that employees
should be judged on performance and nothing
else," said Human Rights Campaign President Joe
"Corporate America is leading the way in ensuring
that transgender employees are able to do their
job free of harassment and discrimination. It's
time for Congress to follow."
Etsitty is appealing the ruling to the 10th U.S.
Circuit Court of Appeals in Denver.