The Bilerico Project | Daily experiments in LGBTQ: As I discussed previously, the Glenn v. Brumby lawsuit is premised on the Equal Protection clause of the U.S. Constitution's 14th Amendment (No state shall deny to any person the equal protection of the laws), rather than the federal civil rights statute.
This brilliant legal maneuver was permissible because Ms. Glenn worked for the state government. In ruling for Ms. Glenn on her first claim, but against her on her second claim, Judge Story said that their reasons for firing Ms. Glenn were not legit, but then he said they could be legit and they were legit on her second claim. He ground up perfectly good steak and made it into hamburger. So I like him for what he did for Ms. Glenn, but I don't like the reasoning he used.
