Glenn v. Brumby, No. 10-14833, 10-15015 (11 th Cir. Dec. 6, 2011).
In a significant opinion, the Eleventh Circuit upholds a plaintiff's Section 1983 claims based upon the Equal Protection Clause against a state government official for firing her based on sexual stereotypes related to gender identity disorder and gender transition.
The published opinion is by Judge Barkett and was joined by Judges Pryor and Kravitch. The attached opinion certainly is significant for transgender issues, but also because of its broad language on sex stereotyping:
The question here is whether discriminating against someone on the basis of his or her gender nonconformity constitutes sex-based discrimination under the Equal Protection Clause. For the reasons discussed below, we hold that it does. (p.7) All persons, whether transgender or not, are protected from discrimination on the basis of gender stereotype. (p.12).
– submitted by John R. Ates