James Ho testifies before the Senate Judiciary Committee during his confirmation hearing to be a judge on the U.S. Court of Appeals for the Fifth Circuit, on Nov. 15, 2017. Photo by Diego Radzinschi.
When Fifth Circuit Judge James Ho wrote the majority opinion affirming a district judge’s dismissal of a transgender employment discrimination claim this week, he also wrote a second separate opinion concurring with himself.
Ho’s unusual concurrence—three times as long as his majority opinion—included a lengthy discourse on maintaining separate bathrooms for the sexes, even though transgender bathroom issues did not figure into the case at hand. He also included a quick English lesson on what the word “sex” really means.
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