Robin Joy Shahar v. Michael J. Bowers, Individually and in His Official Capacity as Attorney General of the State of Georgia

TJOFLAT, Circuit Judge,

specially concurring:

I join the court’s judgment affirming the district court’s rejection of Robin Shahar’s claim that Attorney General Michael Bowers withdrew his offer of employment because she is a homosexual and thus denied her the equal protection of the laws in violation of the Fourteenth Amendment. I do so because, as the court concludes, the record does not permit the inference that the Attorney General’s decision was based on her homosexual status.

I also join the court’s judgment with respect to Shahar’s remaining claims, all brought under the First and…