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globeandmail.com: The rights wheel of fortune (March 3, 2009)

Three years ago, Mr. Fulton got a call from a deep-voiced stranger who wanted to sign up for his women-only gym. Two days later, he got a visit: The stranger turned out to be a preoperative transsexual. Mr. Fulton, perhaps with his female clients' reactions in mind, hesitated. A week later, he received a lawyer's letter demanding an apology and a cash settlement. He refused, and now is trapped in human-rights commission hell.

"I'm probably screwed here," he said last week after a mediation session proved unsuccessful. He's right. Here's why. The offended party gets a free lawyer. Win or lose, he pays nothing. But the defendant always pays. If he decides to put up a fight, he might have to spend $100,000, maybe more, even if he wins. The case could drag on for years. Related Articles

Lawyers who act for people such as Mr. Fulton usually advise them to settle. That typically entails a modest sum of money paid to the complainant, an abject letter of apology, and an agreement to post a prominent sign guaranteeing (for example) equal treatment for all self-identified women, regardless of the configuration of their private parts. They must also agree never to disclose the settlement or any of the details.



Most economists teach a theoretical framework that has been shown to be fundamentally useless. -- James K. Galbraith
by Migeru (migeru at eurotrib dot com) on Thu Mar 5th, 2009 at 04:52:19 AM EST
[ Parent ]
Reading the article it looks like Canada has got itself into a bit of a tangle over the practicalities of how the legislation actually works in practice and is producing difficult results.

Personally, in the UK I think that the issue is very different between pre and post op transsexuals. But it's worth adding that many regimes insist that the pre-op patient may make no compromise with society and is forced into such legislation to establish rights to do that which is hard for society to accept.

However, in the US, there are real issues about access to the operation which mean many transsexuals live their life as pre-ops.

But there are so many opinions on what is or is not appropriate that you cannot assume my view is definitive or even a majority one.

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Thu Mar 5th, 2009 at 03:16:55 PM EST
[ Parent ]

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