Transexual Restroom Rights Dealt a Blow
A Utah federal appeals court ruled that an employer may have legitimate concern about the choice of restrooms used by transexual employees.
The September 20 decision by a federal appeals court was found in favor of the Utah Transit Authority, whose male employee, Michael Etsitty, filed a lawsuit to gain special rights to use a women's restroom.
Elsitty was born a biological male and still has male sex organs. He is undergoing female hormone therapy, and wears women's makeup and jewelry.
According to the ruling, Elsitty is not qualified to enjoy Title VII protection, which covers traits with which people are born and does not include a person's desire to become a different sex or decision to engage in homosexual activity.
"The court delivered a significant legal punch to political special interest groups who are demanding that persons with Gender Identity Disorder be treated as though they were members of the opposite sex," said Alliance Defense Fund Senior Legal Counsel Brian Raum. "The court correctly ruled that employers have a valid concern regarding their employees' proper use of restrooms."
Through Elsitty v. Utah Transit Authority, the U.S. Court of Appeals for the 10th Circuit delivered a significant blow to renegade legislation striving to qualify transexuals to receive special treatment only because they made a decision to consider themselves a different sex than they actually are.
"This is a significant decision, as it creates a 'circuit split,' meaning that another federal appeals court ruled the other way regarding whether 'gender identity' is protected," commented Alliance Defense Fund's National Media Relations Manager Gregg Scott. "When there is a circuit split, that usually makes the case ripe for hearing by the Supreme Court."
Scott sees further developments arising from this case.
"Another element is the ominous specter known as the 'Employment Non-Discrimination Act,' or ENDA," Scott continued. "This bill, moving through Congress right now, would make it federal law that employers must not consider 'actual or perceived gender identity' in hiring and firing decisions.'
Churches and evangelistic ministries would not be affected by this motion; however the bill's "exception" is "one big Trojan Horse that we are certain judges will exploit and twist until eventually an 'exemption' no longer exists," Scott said.
The consequences of the bill could be even more far-reaching.
"What's worse is that employers would be forced to accommodate these confused folks' - men who pretend they are women - 'restroom needs' and, believe it or not, would be required to provide shower facilities or other arrangements if the job required employees to be unclothed in the course of their duties," Scott added.
But do Christians and other conservative Americans have anything to worry about with the upcoming legislation, and what could be done to ensure that fundamental rights aren't undermined by activist groups and judges?
"From this case, we know that all persons should ensure that only men use men's restrooms and only women use women's restrooms," said ADF Senior Legal Counsel Austin R. Nimocks. "All employees have rights in their workplace and they should research what policies their employers have in place to protect and preserve societal norms regarding sex."
Nimocks warns that the battle for the heart and soul of American culture is far from over.
"Advocates of homosexual and abnormal behavior will continue to try and push their radical agenda, even if it destroys families and hurts children." continued Nimocks. "We must remain vigilant in fighting these onslaughts and ensuring that the country we leave our grandchildren will be one that respects families, children, and the unique contributions that both men and women make to our society."
