transgender

. . .Preece, who was 51 at the time, worked then — as she does now — for the Library of Congress, where she helps make hiring decisions for the Congressional Research Service (CRS), the U.S. Congress’s analysis agency. She had decided to recommend an ex–Special Forces colonel named David Schroer to be CRS’s terrorism specialist. Schroer was a dream candidate, a guy out of a Tom Clancy novel: he had jumped from airplanes, undergone grueling combat training in extreme heat and cold, commanded hundreds of soldiers, helped run Haiti during the U.S. intervention in the ’90s — and since 9/11, he had been intimately involved in secret counterterrorism planning at the highest levels of the Pentagon. He had been selected to organize and run a new, classified antiterrorism organization, and in that position he had routinely briefed Defense Secretary Donald Rumsfeld. He had also briefed Vice President Dick Cheney more than once. Schroer had been an action hero, but he also had the contacts and intellectual dexterity to make him an ideal congressional analyst.

But now, about three weeks before Schroer was to begin work at CRS, he told Preece over a Chinese lunch that he had a personal matter to reveal: after years of cross-dressing in private, he was preparing to start living full time as a woman. He would also probably have sex-reassignment surgery. And so he planned to start at CRS as Diane Jacqueline Schroer, not David John Schroer.

The first thing Preece remembers blurting out at the time was something along the lines of “Why would you want to do that?” Later she stood outside her office, lit another cigarette and thought, I can’t believe this is happening to me.

Schroer did not get the job. Working with some other Library of Congress officials the next morning, Preece drafted a brief script and then telephoned Schroer. She told him that the Library worried his transition could imperil his top-secret security clearance; that his appearance in women’s clothing could make his contacts in the government less willing to cooperate with him; and that his impending surgeries (facial surgery to make him appear more feminine, possible genital surgeries in the future) could distract him from his job. She thanked Schroer for his honesty and said goodbye.

What Preece did that day became, not surprisingly, the subject of a lawsuit, one that was tried in August in federal court. Judge James Robertson, a Clinton appointee, is expected to rule any day. In deciding whether the Library unlawfully discriminated against Schroer, Robertson will have to rule on a much bigger and more elemental issue: How, if at all, is sex different from gender? And if you discriminate against a transsexual, is it “sex” discrimination under federal law?

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Tagged as: gender, legal, transgender