Minshall v. Health Care & Retirement (dissenting)
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No. 26736 - Melanie L. Minshall v. Health Care & Retirement Corporation of America FILED RELEASED July 20, 2000 July 21, 2000 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Starcher, J., dissenting: RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA As the majority recognizes in footnote 4, the factual issue in the plaintiff s case was whether Ms. Minshall s [female] gender was a factor in the defendant s decision to discharge Ms. Minshall . . . and whether a jury should decide this case if there is a reasonable inference that Ms. Minshall s gender was a factor. . . . And in footnote 7, the majority also recognizes that the plaintiff argued to the circuit court that the impermissible reason for the defendant s action was the plaintiff s status as a female homosexual -as opposed to being a male homosexual. So, the plaintiff properly presented the issue of whether there was gender discrimination -as a matter of both fact and of law. What s the problem, then? Call me dense, but I can t make heads or tails of the majority opinion s reasoning. And it s frankly a little troubling to be dissenting to something that I can t seem to understand. But I will say that to even suggest that sexual preference discrimination is not gender-based is to ignore logic and to defy common sense. Accordingly, I dissent.
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