“You have to exercise patience with people, but people are not going to understand the subject overnight.”
—-Sgt. Shane Ortega, helicopter crew chief in the Army’s 25th Infantry Division, speaking to the Washington Post about his legal battle with the U.S. military, which continues to classify him as a woman despite his transition to a man.
The reason we say that “hard cases make bad law” is that the toughest cases fall between the cracks in rules and regulations, and they all have cracks. The law seeks consistent precedents, so anomalous fact patterns threaten the integrity and efficiency of otherwise effective laws and rules that work well in the vast majority of situations. Yet those hard cases usually indicate flaws in policies, rules and laws, and sometimes point to the need for change.
Often, an organization, especially a bureaucratic one like the military, will deal with such disruptive cases by simply looking past the actual facts, and treating them “by the book.” Ortega represents a particularly glaring instance of this phenomenon, which in his case not only harms his career, but also makes the military appear rigid to the point of absurdity.
Yet, as his Ethical Quote of the Month indicates, he understands. Change is painful, and it takes time. Continue reading