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New Federal Lawsuit Is Potentially Bigger Than Obergefell For Gay Rights

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Ex-FAA Worker Seeks Court Ruling Saying Anti-Gay Job Bias Prohibited Under Existing Civil Rights Laws

The U.S. Supreme Court’s June ruling in favor of nationwide marriage equality was among the most significant legal victories in the history of the LGBT civil rights movement. 

But another lawsuit filed last week has the potential to eclipse Obergefell v. Hodges in terms of overall impact because it would affect more people, according to an attorney for the plaintiff. 

In the face of Congress’ longtime failure to pass explicit LGBT job protections, former Federal Aviation Administration employee David Baldwin’s lawsuit is aimed at obtaining a federal decision —  and eventually from the high court itself — saying anti-gay job bias is already illegal under existing civil rights laws. 

“Mr. Baldwin’s case has the ability to affect more people than the [Supreme] Court’s Obergefell [marriage] case because there are more gay men and women who have jobs than same sex couples who want to get married,” Baldwin’s lawyer, Lowell Kuvin, told BuzzFeed News.

In 2012, Baldwin filed a complaint with the Equal Employment Opportunity Commission alleging he was denied a promotion and suffered harassment based on his sexual orientation while working as a temporary frontline manager at Miami International Airport. This July, the EEOC ruled in Baldwin’s favor, saying anti-gay bias qualifies as sex discrimination under Title VII of the Civil Rights Act of 1964.

The EEOC’s decision came two years after it ruled that transgender people are protected against job discrimination under the Civil Rights Act. And although both decisions were historic, they are binding only on federal agencies and don’t necessarily protect non-governmental employees. Since the EEOC’s decision in his case, Baldwin has sought to resolve the case with the FAA, but the agency never responded, prompting his lawsuit.

Baldwin’s lawsuit, which names transportation secretary Anthony Foxx and FAA Administrator Michael Huerta as defendants, alleges he was passed over for a promotion to permanent front line manager in favor of less qualified people on three separate occasions. In addition, Baldwin’s supervisors repeatedly made disparaging remarks about his sexual orientation, the suit states. 

For example, when Baldwin mentioned that he and his partner had attended Mardi Gras in New Orleans, one of his supervisors, Mark Scott, responded that “we don’t need to hear about all that gay stuff.” Baldwin was also repeatedly told he was “a distraction in the radar room” when he discussed his partner. When Baldwin mentioned that his partner prepared him lunch each day, he was told the “comment was inappropriate” and to “get out of the radar room with that kind of talk.” 

“The fact that Plaintiff is male and gay was a motivating factor in the decision to not promote Plaintiff,” the complaint states. “Plaintiff was singled out due to his sexual orientation and treated differently than heterosexual co-workers.”

Baldwin’s suit seeks back pay, compensatory damages, punitive damages, reinstatement of front pay, injunctive relief and attorney’s fees. But above all, Baldwin hopes his case will help lead to employment protections for gay workers throughout the U.S. Currently, only 22 states ban anti-gay job discrimination, and the Equality Act, which would establish comprehensive federal civil rights protections, remains stalled in Congress.  

“I am confident that this decision will be the deciding factor in saving countless jobs,” Baldwin told The Washington Blade following the EEOC’s decision in July. “That anyone would lose their job simply because of whom they are is a travesty. The LGBT community was never looking for ANY special consideration. We simply want the exact same protections as every other American citizen under already existing laws. Nothing more, nothing less.” 

Since the EEOC’s decision, LGBT advocates have strongly encouraged people who suffer anti-gay job discrimination to file complaints with the commission alleging sex discrimination under the Civil Rights Act. 

According to the Blade, Baldwin is a 57-year-old Navy veteran who met his partner, Keith George, seven years ago at a Metropolitan Community Church. They’ve since relocated to New Orleans, where they’re renovating a health club that had recently closed. 

Read Baldwin’s full complaint here. 

 

Image by David Baldwin, used with permission
Hat tip: BuzzFeed News

   

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OPINION

‘Have to Get Back to Law and Order’: Trump Declares at NYPD Officer’s Wake

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Donald Trump attended the wake of the slain New York City police officer who was shot and killed while conducting a traffic stop this week. The four-times indicted ex-president demanded America “get back to law and order,” barely days after a New York judge imposed a gag order in the case where the presumptive Republican presidential nominee faces 34 felony counts for “falsifying New York business records in order to conceal damaging information and unlawful activity from American voters before and after the 2016 election,” according to the New York District Attorney.

That damaging information included hush money payments to several women including an adult film actress.

“We have to stop it,” Trump said Thursday, speaking before the cameras about crime as he stood under an umbrella in front of police officers. “We have to stop, we have to get back to law and order. We have to do a lot of things differently because this is not working. This is happening too often.”

“Police are the greatest people we have. There’s nothing and there’s nobody like them. And this should never happen,” Trump said as he lamented how repeat offenders “don’t learn because they don’t respect.”

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“We’ve got to toughen it up. We’ve got to strengthen it up. It should never be allowed things like they shouldn’t take place and to take place so often,” said Trump, who is out on bail and currently faces 88 felony charges after three were dropped.

The Trump campaign announced that the ex-president had been invited to attend the wake.

“President Trump is moved by the invitation to join NYPD Officer Jonathan Diller’s family and colleagues as they deal with his senseless and tragic death,” Trump campaign spokesperson Karoline Leavitt said, according to The Daily Beast.

The Associated Press added that “Trump has deplored crime in heavily Democratic cities, called for shoplifters to be shot immediately and wants to immunize police officers from lawsuits for potential misconduct. But he’s also demonized local prosecutors, the FBI and the Department of Justice over the criminal prosecutions he faces and the investigation while he was president into his first campaign’s interactions with Russia.”

“He has also embraced those imprisoned for their roles on the Jan. 6, 2021, insurrection at the U.S. Capitol, when a mob of his angry supporters overran police lines and Capitol and local police officers were attacked and beaten.”

Earlier on Thursday NBC News reported on Trump’s mischaracterizations of crime.

“Surging crime levels, out-of-control Democratic cities and ‘migrant crime,'” the network noted. “Former President Donald Trump regularly cites all three at his campaign rallies, in news releases and on Truth Social, often saying President Joe Biden and Democrats are to blame.”

READ MORE: ‘Hunger Games at NBC News’: New McDaniel Revelations Have ‘Enraged’ Staffers, Report Says

“But the crime picture Trump paints contrasts sharply with years of police and government data at both the local and national levels,” NBC added. “FBI statistics released this year suggested a steep drop in crime across the country last year. It’s a similar story across major cities, with violent crime down year over year in Chicago, New York and Washington, D.C.”

Watch Trump’s remarks below or at this link.

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OPINION

‘Hunger Games at NBC News’: New McDaniel Revelations Have ‘Enraged’ Staffers, Report Says

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The backlash from NBC News’ hiring of Ronna McDaniel is not over. New reporting from Puck, CNN, and The Washington Post reveals the considerable efforts from top NBC and MSNBC brass to recruit, hire, and support the former RNC chair who promoted false election claims, was allegedly involved in helping Donald Trump’s efforts to overturn the 2020 election results, and refused to say Joe Biden had been elected fairly.

Staffers at NBC News and MSNBC were outraged at McDaniel’s hiring, but new details about behind-the-scenes efforts reportedly have increased that outrage.

Some critics are either calling for resignations of NBC News and MSNBC  leadership, or questioning how long they can ride out the mess.

“What is Brian Roberts going to do?” CNN‘s Oliver Darcy asks. “The Comcast boss is watching an unceasing five-alarm fire rage at 30 Rock, scarring the reputation of NBC News and threatening to consume multiple parts of the Cesar Conde-run NBC Universal News Group.”

“Conde has lost control of his organization, prompting industry insiders to wonder how he continues to remain in his role as chairman of the NBC News Group. In the words of one veteran media executive I spoke to Wednesday, ‘It’s inconceivable that he should,'” Darcy writes, saying Conde’s actions and those of his top executives have “hosed gasoline” on the scandal.

READ MORE: Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

That scandal involves these revelations from Puck’s Dylan Byers, who reports, “bringing McDaniel to 30 Rock had been part of a nearly two-month-long effort that was spearheaded by Budoff Brown and her boss, NBC News President Rebecca Blumenstein, with buy-in from Conde and his deputies at both NBC News and MSNBC.”

“Rashida Jones,” he adds, “the president of MSNBC, was very interested in having McDaniel appear as a contributor on her network, as well.”

But this bombshell has drawn a good deal of attention. Noting how Chuck Todd led off the very public pushback against the hiring of McDaniel, Byers reports, “On Sunday, Budoff Brown reached out to McDaniel’s aide and former chief of staff at the R.N.C., Richard Walters, to see if there were any friends or colleagues who could speak up on her behalf.”

“The two sides also discussed having these folks call attention to what they saw as a double standard—after all, this was the same network that was turning Psaki, a former Biden White House Press Secretary, into a Maddow-adjacent prime time star. Walters later assured Budoff Brown that they’d been able to advance conservative pushback on social media against Todd, specifically, and that this might give NBC News some cover, for which Budoff Brown thanked him.”

CNN, pointing to those details, adds, “staffers inside NBC News are enraged at the fact an executive would have engaged in such behavior.”

Former Chicago Tribune editor Mark Jacobs, who now writes about politics and the media, called for the firing of Jones, Blumenstein, and Budoff Brown.

Other critics are expressing concerns on multiple fronts.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“It’s like the hunger games at @NBCNews. Every day new, horrible stories of journalism & corporate malpractice. Every single one of these managers must go,” observed Jennifer Schulze, a media critic who was a Chicago Sun-Times executive producer, WGN news director, and adjunct college professor of journalism.

She also highlights a Washington Post report that ropes NBC Nightly News anchor Lester Holt into the mess.

“Every @NBCNews exec who thought hiring a reputed liar & phony elector co-[conspirator] needs to resign or be fired,” Schulze says.

“The @NBCNews managers who recruited & signed an election denier should be out the door, too,” she adds. “Not only was it downright offensive to hire Ronna, it was journalism AND corporate malpractice.”

Pointing to his newsletter, former Obama senior advisor Dan Pfeiffer writes, “NBC’s ill-fated decision to hire Ronna McDaniel is a story of a media outlet unwilling to accept the ways Trump changed politics, but it’s also one of the best arguments for Dems need to build our media ecosystem ASAP.”

READ MORE: Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

He calls McDaniel’s hiring “evidence” the media has “yet to accept the reality that this is not a normal election between a Republican and a Democrat.” And adds, “An [industry] that prizes objectivity above all else, is incapable of accurately covering an election where one candidate is a normal politician and the other is an insurrectionist. Many in the media would rather stumble into autocracy than take a side.”

Veteran journalist and Sirius XM host Michelangelo Signorile observes, “We couldn’t have asked for a better situation to shine a bright light on the corruption of the corporate media—and its impulse to legitimize MAGA extremism and lawbreakers for profit—than NBC’s hiring former RNC chair, election denier, and Trump enabler Ronna McDaniel.”

And he warns, “The forces that made the coup-plotting former RNC chair a paid contributor are still shaping news and information about this pivotal election.”

 

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Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

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Michigan MAGA Republican state Rep. Matt Maddock is under fire after claiming three buses were “loaded up with illegal invaders.” The buses, according to multiple reports, were actually loaded with the Gonzaga University basketball team arriving for March Madness.

“Happening right now. Three busses just loaded up with illegal invaders at Detroit Metro. Anyone have any idea where they’re headed with their police escort?” Rep. Maddock wrote on social media Wednesday evening, tagging far-right former U.S. Congressman Pete Hoekstra, who served as U.S. Ambassador to the Netherlands under Donald Trump and is now the state’s Republican Party chair.

Informed of his error on social media, Rep. Maddock doubled down, and attacked.

READ MORE: Ronna McDaniel Is Just a ‘Normal’ Person Who ‘Never Denied the Election’ Says Hugh Hewitt

“Probably teams for the NCAA Mens Sweet 16 playing at LCA on Friday and Sunday,” a user on X wrote.

“Sure kommie. Good talking point,” Maddock quickly shot back.

ABC affiliate WXYZ executive producer Maxwell White, responding to the Maddock’s original post wrote: “Just to be clear, this was the Gonzaga basketball team. Photos show Gonzaga getting on an Allegiant plane to Detroit for the Sweet 16, and Flight Radar shows a plane from GEG to DTW landed at 7:25 p.m., around the time this photo was posted.”

“This is a wild tweet,” White added, before adding more evidence.

Hoekstra, who was accused of using racism and xenophobia to win his campaign for a U.S. Senate seat (he lost), did not respond directly to Maddock but did repost the apparently false claim.

Michigan State Senate Democratic Majority Whip Mallory McMorrow denounced Maddock’s claim as “dangerous.”

Maddock’s remark also made the national stage when U.S. Rep. Eric Swalwell responded.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“Hey Einstein,” the California Democrat wrote, “your state is hosting the Sweet 16. Could it be a team bus? If it is, will you resign for your spectacular stupidity?”

In 2021 The Washington Post reported, “Michigan state Rep. Matt Maddock and his wife, Michigan Republican Party co-chair Meshawn Maddock, have repeatedly been called out by fact-checking journalists for promoting baseless claims of widespread voter fraud and falsely suggesting that covid-19 is comparable to the flu.”

See the social media posts above 0r at this link.

 

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