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Federal Appeals Court: "Transsexuals Have No Civil Rights"
posted by BEARfromTN@aol.com
Saturday, September 22, 2007 12:52 am (PST)

(Denver, Colorado) A federal appeals court has upheld a lower court ruling that found transsexuals are not covered by federal discrimination laws.

At the time of her firing, Etsitty was transitioning from male to female. She was undergoing hormone therapy, wearing women's clothing and presenting herself as female.

Judge David Sam, 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 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 wrote.
"Such drastic action cannot be fairly characterized as a mere failure to conform to stereotypes."

Eight groups, including the ACLU and the Lambda Legal Defense and Education Fund filed briefs in support of Etsitty's case.

Most disturbing decision, though not unexpected out of the 10th Circuit, perhaps the most conservative Circuit in the nation. Judge Sam has issued other rulings over the years that have not exactly lit up my life, mostly dealing with land use. For those of you who were wondering, Sam was put on the bench by Reagan.

Of course, being a public servant and all, I'm sure he would love to hear from his bosses, us. You can reach him at

Hon. David Sam

United States District Court, Utah
150 Frank E. Moss U.S. Courthouse
350 South Main Street
Salt Lake City, UT 84101


Phone: (801) 524-6190
Fax: (801) 526-1156

BTW - The correct salutation for a Federal Judge is "Honorable." So the letter should read: The Honorable David Sam and in the salutation as Dear Judge Sam.

Which is why the Fed. Gov. needs to pass ENDA, instead of leaving it to the states.