Judge rules against transsexual in B.C. discrimination case

By The Associated Press

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VANCOUVER, B.C. — A rape crisis center in British Columbia did not discriminate against a transsexual when it denied her work as a volunteer counselor, a Supreme Court judge has ruled.

Justice E.R.A. Edwards overturned a Human Rights Tribunal decision that said the Vancouver Rape Relief Crisis Center breached the human-rights code by barring Kimberly Nixon from counseling women.

Nixon, who is in her mid-40s, must now return the $7,500 she was awarded in January.

"This is quite a different case from, say, Ms. Nixon being excluded from a restaurant because of her transsexual characteristics," Edwards said in his written decision. "Unlike a for-profit business providing services or recruiting employees from the general public or a volunteer organization open to all, Rape Relief defined itself as a women-only organization."

That's the only reason Nixon was attracted to the society, Edwards wrote, adding that her participation had a political dimension.

Nixon, a former airline pilot, had complained that she was hurt, humiliated and even contemplated suicide after she was removed from a training program by Rape Relief in 1995 because she was not born a woman.

Rape Relief spokeswoman Suzanne Jay said she's relieved by the judge's decision.

"It's a huge burden taken off of us and we're just really looking forward to working on the rape crisis line," she said.

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