This suit's result has hit the news, and because it involves an evolving societal topic regarding fiction and how far we're willing to entertain it in the name of individualism, we're going to make a couple of comments.
Page 1 of the 41 page decision:
1. As soon as this came out, some commentator on Twitter immediately suggested it must have been decided by a "Casper judge".
Eh?
It's not as if Casper is stocked with liberal judges or something. This is a Federal Court case, moreover, and we only have three Federal judges, two in Cheyenne and one in Casper. This was decided by Judge Johnson in Cheyenne. He's been on the bench since 1985 and was appointed by that flaming liberal, Ronald Reagan.
Having said that, not all of Regan's "conservative" appointments were impressively conservative. Take Anthony Kennedy, for example.
Be that as it may, Judge Johnson is universally recognized as a solid judge. The weird suggestion that it must have been some flaming liberal, and that the flaming liberal must be in Casper, as where else would they be, is weird.
2. This was decided "without prejudice", which means on technical and procedural grounds. The suit hasn't decided the issues. It can be brought again.
Whether it will be or not, nobody knows. But this doesn't decide any legal issues.
Often lawyers don't regard dismissals with prejudice as that big of deal, quite frankly, as it gives them the chance to go back and refine their suit.
This gets at one of the big problems in perception of courts today, however. A large number of people believe that judges are supposed to rule on existential issues. They are not. This perception, moreover, is made worse by pundits like Robert Reich who continually suggest that activists' courts are deciding these issues on a left/right basis, something made worse by decades of prior conservative yapping that "activist judges" were deciding things for the left, the latter of which was somewhat true. Most of the time judges are just deciding things on the law, or even procedure, that have nothing to do with the existential issues. The continual "America is losing faith with its justice system" mantra that the press is chanting right now is because large elements of the press don't grasp that deciding social issues isn't what courts are supposed to do.
3. I learned in the opinion that the sorority calls itself a fraternity.
How odd. Deficit of understanding of Latin root words?
4. Judge Johnson did condescend to call Mr. Langford a "sorority sister". The guy has male DNA and, well, you know. He's not a girl, and this ongoing societal delusion is really absurd.
That's what really gets to people. It's a contest between individualist fantasy, and the degree to which everyone else must tolerate the fantasy, and reality. We're in an age when dangerous self-delusion must be accepted, a certain segment of society maintains.
This probably isn't over. So stay tuned.
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