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Discrimination, Yes, But What Kind?

June 1, 2005

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"I wish to share with you a private aspect of myself that you do not know about," Robert Blanchette's letter began. After two years of treatment for depression, the computer programmer wrote to administrators at Saint Anselm College on March 5, 2004, he had been diagnosed with gender identity dysphoria, a "condition where my emotional and psychological gender is not in alignment with my genetic physiological sex."

He added: "In other words, I am a male to female transsexual." 

In the letter and in a meeting with administrators at the New Hampshire Roman Catholic college a few days later, Blanchette said that in the previous weeks and months, the 53-year-old former U.S. Air Force pilot had taken many of the necessary steps to transform himself into a woman, including hormone treatments. Blanchette planned, he said, to spend a two-week vacation in May undertaking the required legal steps to change his identity. He then hoped to return to the college as Sarah Elizabeth Blanchette. 

"My job here at Saint Anselm is based on my mental skills not on physical ones," he wrote, noting that his work in the information technology department gave him little contact with faculty members and students. "I enjoy my job here and I do not see any reason why I should not be able to continue doing the professional job that I have done for the last six and a half years. If anything I could possibly be more productive since a major cause of inner turmoil and unhappiness has been removed."

Five weeks later, at an April 14 meeting, Saint Anselm's administrative vice president, Patricia R. Shuster, fired Blanchette. "As you know, you recently disclosed to senior college administration your transsexual status. Upon consideration, you are immediately relieved of your duties," she wrote in a memo delivered at the end of that meeting. Blanchette's "employment with the college will terminate effective June 30," Shuster added.

Last Thursday, Sarah Blanchette filed a lawsuit in federal district court charging the college with violating Title VII of the Civil Rights Act, which prohibits discrimination in employment on the basis of race, religion, sex and national origin. Her lawsuit, which was first reported by the Nashua Telegraph, asks a judge to reinstate her to her job and award back pay and damages.

"It is clear, because the college put it in writing, that they fired Sarah Blanchette because she is transsexual," says Bennett H. Klein, a lawyer for Gay and Lesbian Advocates and Defenders, a nonprofit legal group. "And that is illegal sex discrimination."

Saint Anselm officials referred questions about the lawsuit to an outside lawyer, Sean Gorman. He said the college could not respond to the suit yet, except to say that "there is obviously another side to the story, and it's not presented in the complaint, where you wouldn't expect it to be." He declined to be more specific. "There is a great deal more that I can't speak to."

Gorman did say, however, that Title VII of the civil rights law does not prohibit discrimination on the basis of sexual orientation. "There is a series of cases that established that pretty well, so transgendered status is not covered," he said.

Klein, Blanchette's lawyer, disputed that assessment, saying there "are many other cases around the country where courts have found that somebody who was terminated because they're transgendered" was discriminated against under federal and state nondiscrimination laws. "We're not talking about sexual orientation discrimination here; being transgendered has to do with gender identity."

Douglas W. Kmiec, a law professor at Pepperdine University, said he believed the eventual outcome of the case would probably hinge on how the courts interpret the exemption available under Title VII for religious institutions.

Read broadly, Kmiec said, religious colleges have significant latitude to make employment decisions that are consistent with the teachings of the church with which they are affiliated. For instance, the Catholic Church has issued doctrinal statements in recent yearsthat strongly suggest that "sex change procedures are not to be condoned," Kmiec said.  

Saint Anselm could argue that "to the extent that you condone practices or behavior that are condemned by the church, you are separating yourself from the church," Kmiec said. "In all likelihood, there's enough in the modern teachings of the church for the college to make a fairly substantial religious exemption defense."

Blanchette, Kmiec said, is likely to argue that the decision to dismiss her is "not a discrimination on the basis of religion but of gender," and that "religion is merely being used as a pretext for gender discrimination."

Through her lawyer, Blanchette declined to comment on the case. But her original letter to Saint Anselm officials suggests that she will not relish the attention she'll receive from filing the lawsuit.

The decision to become a woman "is not one that I have made lightly," she wrote. "I am not doing this to embarrass anyone, nor to seek notoriety or cause disruption. I am doing this as a matter of survival. Rest assured that I will present myself in a professional and age appropriate manner.... I just want to disappear into the crowd, not stand out from it."

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Comments on Discrimination, Yes, But What Kind?

  • on being a working MTF transsexual
  • Posted by Rue Ellen Chancellor on June 1, 2005 at 9:59am EDT
  • I do hope that Sarah will read this - and ask that any publisher of this site consider forwarding the message and my email address to her.

    I, too, am a male to female transsexual like Sarah - although a little further along in time. It's been over ten years now since I have presented as male.

    Although I wish you all possible good luck in your case, my opinion is that you will want to seek work elsewhere eventually anyway.

    Most TS's learn the hard way that it is nigh onto impossible to convert pronouns from him to her among people that knew you as formerly male. Those that do express their love and should be loved in return - but those people are the exception and not the rule. The majority of people will not particularly care what you've become but will constantly trip over their own preconceived gender status from first meeting you - usually without malicious intent - but that varies, of course.

    Where I live, where I work and play now - very few knew the old me. The gender role assigned to me upon first meeting is female - slips are far more rare now.

    Those slips - "he" instead of "she", etc. - matter more and more as time goes on.

    Welcome to the world of being transexual - a life full of sacrifice. I have no regrets - but I must caution you not to dabble - you WILL become a women and do not want to be one who looks back in regret.

    Rue Ellen Chancellor

  • Posted by Diana Powe , Police Officer on June 4, 2005 at 6:20am EDT
  • It would be interesting to consider a hypothetical in this case. If Ms. Blanchette had carried out all of the actions commonly associated with a transition from the male to female gender roles without describing herself as transsexual would Saint Anselm College have considered itself justified in firing her? If she had begun dressing in job-appropriate "women's" clothing, changed her name to Sarah, wore makeup, adopted typically feminine patterns of speech and movement and undertook various personal medical procedures but declined the "transsexual" label, what would the school's reaction have been? If they discharged her, then plainly they would have been enforcing gender stereotypes and would probably fall afoul of the Supreme Court's 1989 decision in Price Waterhouse v. Hopkins. If they would have allowed her to remain as an employee, then their present position would appear to be that of objecting to a medical diagnosis.

    Oddly enough, the Vatican's statement regarding transsexuals in 2000 focused largely on an assertion that transsexualism was a type of mental disorder in stating that persons suffering this condition would not be suitable candidates for religious orders. However, it appears superficially that Ms. Blanchette’s six and a half years of previous employment would argue against a mental condition that prevents her from performing her duties as a computer professional. The college may well have undisclosed information that will sway the outcome, but on the surface their position seems rather weak.

  • Discrimination
  • Posted by Tracy Sturchio on June 5, 2005 at 3:17pm EDT
  • I fully understand her feelings about the her private live going away. Just last month my Federal Court trail ended and we are waiting for the Judge to issue a ruling. Last December this Judge did rull in my favor that Transgneder is protected under Title VII and threw out the Government's attempt to have my case dismissed.
    I wish her well and hope that the judge and or jury will see that the discrimination is based on her gender.