Transgendered Discrimination

[richlevy]

I just ran across this article.

A transgendered woman, who lost a job offer because of her sexual status, has won a potentially groundbreaking federal sex discrimination lawsuit.
A federal district court judge in Washington, D.C., ruled today that the Library of Congress discriminated against Diane Schroer when it offered her a job and then rescinded it after learning she was transgendered.
The American Civil Liberties Union, which represented Schroer, said Judge James Robertson's ruling is the first to hold that the federal sex discrimination statute, Title VII of the 1964 Civil Rights Act, applies to transgendered people.
Other courts that have considered the issue have said Congress only intended for the anti-discrimination statute to protect men and women, but not people who change their sex, the ACLU said.

For more than 25 years, David Schroer was a star in the U.S. Army, rising through the ranks to become a Special Forces commander while leading a classified anti-terrorism unit involved in covert operations.
That all changed when Schroer abruptly retired from the military and made a shocking announcement that stunned both his colleagues and family. He would no longer be Col. David Schroer, because he is now Diane Schroer, a transsexual.
In a 2005 interview with "20/20" Deborah Roberts, Schroer explained why, after decades of service in one of the most dangerous and macho lines of work, she became a woman.
"Does seem a bit of a disconnect," Schroer acknowledged. But, she says, she has struggled with her gender identity -- privately -- since childhood.

First, it will be interesting how the newly conservative Supreme Court will treat this interpretation of the law. Recently, they seem to swing between literal and loose interpretation of the Constitution depending on which supports their philosophical beliefs.

I have to admit, this also brought up some of my prejudices. I could not think of a less likely candidate for this than a Special Forces commander assigned to covert ops.

It does make one think though. Assuming that his rank of Colonel was earned, what would the military have done if he had mentioned this 25 years ago? Would they have refused his service? Would this have been good for the country, since he was effective enough to reach the position that he did.

This raises some interesting questions.

Does transgendered discrimination count as sex discrimination?
Does Congress's intent in creating the law count, or is the court free to interpret the law as written?
Can a socially conservative Supreme Court make an unbiased ruling in this case?
Does Col. Schroer's experience support or negate the concept behind "Don't ask, Don't tell"?
Are UG and Merc overcompensating, and what would they look like in dresses.

BTW, I was trying to figure out if this thread belonged in Home Base, Current Events, or Politics.