I know that Mr. Dawson wins the appeal. So he's assuredly happy. But I still found it somewhat strange that Judge Bury (sitting by designation from Arizona) begins the opinion with: "Shane Dawson (Dawson), a male homosexual, appeals the district court's grant of summary judgment . . . ."
I readily concede it may just be me. But it just seemed, I don't know, somewhat weird to personify a guy by his sexual orientation at the very outset of the case. It's undeniably relevant, since it's a case about hostile work environment based upon precisely that.
But still. For some reason, I had a slightly negative reaction. I'd have written it as "Shane Dawson appeals the district court's grant of summary judgment dismissing his claims that he was retaliated against and subjected to a hostile work environment based upon his sexual orientation." Then get into the details -- which Judge Bury describes at length -- later on.
I concede, however, that my reaction here might be idiosyncratic.
Not that that ever stops me from sharing. Particularly when, as here, it's the only Ninth Circuit opinion of the day.
