Congressman Barney Frank
Representing Massachusetts' 4th District

Frank Hails Decision in Support of Transgender Rights
September 23, 2008

Congressman Barney Frank today welcomed the thoughtful decision by U.S. District Judge James Robertson holding that the Library of Congress broke the law against sex discrimination by denying a job to an applicant solely because she transitioned from male to female.

 “The Library of Congress dishonored us by rescinding its job offer to Diane Schroer that had been made to her when she was David Schroer.  Ms. Schroer was eminently qualified both before and after her transition to be a terrorism analyst, and I was very disappointed that the Library of Congress acted as it did.  I did at the time try to persuade the Director of the Library of Congress, Mr. Billington, to drop this act of discrimination and I was troubled when he refused to do so.  I have been working with legislative leaders to find a way for us to reverse this policy carried out by an institution that bears the name of Congress, and Judge Robertson’s decision hastens the process of extending justice to Ms. Schroer.

“I have written to the Library of Congress strongly urging that there be no appeal of this decision, and I will continue to consult with Congressional leaders to take the steps that we have to take to prevent such an appeal if there is any way we can do that.  Judge Robertson’s thoughtful decision, of course, extends beyond the case of Ms. Schroer and makes the strong point that a decision to rescind a job offer because someone has changed their sex clearly constitutes sex discrimination.  I will be working with my colleagues to do everything we can to defend the integrity of this decision not just in the case of Ms. Schroer but across the board.”

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September 23, 2008

Dr. James H. Billington
The Library Of Congress
Room LM 608, James Madison Building
101 Independence Avenue, S.E.
Washington, D.C. 20540

Dear Dr. Billington,

I assume you remember that I was very distressed at your insistence on withdrawing a job offer from Diane Schroer, which had been extended to her on her merits, on the sole ground that she had transitioned from a man to a woman.  My recollection is that you said at the time that you could not interfere in a personnel matter, which baffled me – and in fact angered me – because what I was talking about was a promulgation of a policy of nondiscrimination that was well within your authority to make.  In any case, that is now moot because a court has ruled – correctly in my view – that you discriminated against Ms. Schroer. 

The question now is whether or not you will appeal.  I strongly urge you not to appeal.  I will be working with my Congressional colleagues because it would be a great source of stress to us if you were to – as an institution that bears our name – appeal a decision that is plainly in the interest of fairness.  Please inform me as to your intention on this matter, and again I want to stress that I think it is essential that you accept this decision and forego any attempt to overturn it.

BARNEY FRANK