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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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Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

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April 19, 2024

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Democratic House Minority Leader Hakeem Jeffries vowed Friday the majority of Democrats will support Republicans’ Ukraine, Israel, Taiwan, and Gaza foreign aid legislation as Republican Speaker Mike Johnson lost support of another member of his conference to a faction determined to oust him.

“Democrats will provide a majority of our majority as it relates to funding Israel, humanitarian assistance, Ukraine, and our allies in the Indo Pacific,” Minority Leader Jeffries said. “It remains to be seen what Republicans will do in terms of meeting the national security needs of the American people, but it was important for House Democrats to ensure that the national security bills are going to be considered.”

Despite Republicans having a one-vote majority, more Democrats on Friday voted to move the critical and long-awaited foreign aid bills forward than did Republicans.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

The 316-94 vote included 165 Democrats and 151 Republicans voting yes, and 55 Republicans and 39 Democrats voting no.

Axios’ Juliegrace Brufke posted the list of Republicans voting against their party’s legislation.

Calling it a “rare” moment in modern congressional history to have to rely on opposition party votes to pass legislation, BBC News reports Speaker Johnson’s “hold on power is tenuous, and the legislators who oppose him – and his bid to provide aid to Ukraine – occupy some key positions within the House’s power structure.”

Amid the procedural vote to move the foreign aid funding bills forward, U.S. Rep. Paul Gosar, a far-right Republican of Arizona, announced he is joining Congresswoman Marjorie Taylor Greene (R-GA), and Congressman Tim Massie (R-KY) in formally announcing their will vote to oust Speaker Johnson.

Gosar, like Greene, is reportedly a Christian nationalist. In 2022 CNN reported his “lengthy ties to White nationalists, [a] pro-Nazi blogger and far-right fringe received little pushback for years.”

RELATED: ‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

“We’ve been very honest in our assessment of the situation from the beginning,” Jeffries on Friday also declared. “At the appropriate time as House Democrats, we will have a conversation about how to deal with any hypothetical motion to vacate.”

“Moscow Marjorie Taylor Greene, Massie, and Gosar are quite a group. But central to our conversation is to make sure that the national security legislation in totality is passed by the House of Representatives.”

Watch the videos above or at this link.

 

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Biden Amps Up Field Offices, Trump to Mobilize Thousands of Lawyers to Monitor Vote Counts

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April 19, 2024

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With less than seven months before Election Day the Biden campaign and the Trump campaign are taking shape, and like their politics they could not be more different.

President Biden is “scooping up record-making donations,” “flush with cash,” “building a behemoth of a campaign,” and “plowing the money into an expanding campaign operation in battleground states that appears to surpass what Donald Trump has built,” NBC News reported earlier this month.

Ex-President Donald Trump, struggling with donations, has “raised $75 million less for his presidential bid than Joe Biden and has 270,000 fewer unique donors now than at the same stage of his run for the White House four years ago,” the Financial Times reported Wednesday.

Now, as the Biden campaign invests in a massive ground game, Trump’s strategy is emerging, and it appears to be built on his “Big Lie,” the false and debunked conspiracy theory that there was and is tremendous election fraud.

READ MORE: ‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

Politico reports the Trump campaign plans to dispatch “more than 100,000 attorneys and volunteers across battleground states to monitor — and potentially challenge — vote counting in November.”

The Trump campaign and the Republican National Committee are calling their plan “the most extensive and monumental election integrity program in the nation’s history.” The RNC is chaired by Trump’s hand-picked elections specialist who worked on the Bush 2000 election Florida recount team, and co-chaired by Trump’s daughter-in-law.

Despite Trump’s claims of a stolen election in 2020, his own Attorney General, Bill Barr, his own FBI Director, Chris Wray, his own Director of the Cybersecurity and Infrastructure Security Agency, Chris Krebs, all concluded there was no widespread election fraud and none that would have changed any election results. An independent federal agency, the U.S. Election Assistance Commission, came to the same conclusion, all as The Brennan Center for Justice reported more than a month after the 2020 election.

Politico warns, “should Trump once again attempt to overturn the election, he will already have in place tens of thousands of workers who could help with that effort.”

“Having the right people to count the ballots is just as important as turning out voters on Election Day,” Trump said in a statement.

The Trump campaign “plans to deploy lawyers to monitor voter machine testing, early voting, election day voting, mail ballot processing and post-election canvassing, auditing and recounts. The campaign also plans to station lawyers at mail-in voting processing centers and set up a hotline that poll watchers and voters can use to report problems,” Politico adds. “The RNC also stated that attorneys will be stationed at ‘every single target processing center where mail ballots are tabulated.'”

READ MORE: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

The announcement of that massive operation comes on the heels of a convention this week hosted by the far-right Constitutional Sheriffs and Peace Officers Association that “drew a parade of felons, disgraced politicians, election deniers, conspiracy theorists and, in the end, a few sheriffs,” NBC News reports. Also among attendees were “MAGA celebrities.”

“The group sees sheriffs as the highest authority in the U.S., more powerful than the federal government, and it wants these county officers to form posses to patrol polling places, seize voting machines and investigate the Democrats and foreign nations behind what they claim is a criminal effort to rig the vote by flooding the country with immigrants who vote illegally.”

David Gilbert at Wired reported: “Far-Right Sheriffs Want a Citizen Army to Stop ‘Illegal Immigrant’ Voters.”

Their plan perfectly dovetails with Donald Trump’s campaign push.

Gilbert writes, “election deniers and conspiracists have coalesced around a narrative they plan to push ahead of November: Blame the immigrants.”

Richard Mack, founder of the Constitutional Sheriffs and Peace Officers Association told Wired that immigrants “have already disrupted the election because they are getting registered to vote.”

“That is election fraud,” Mack added, “these people are not qualified to vote. They are going to vote for whoever got them here and gave them a bunch of free stuff to get here, and of course that’s the Democrat Party, who are complicit in all of this.”

There are no reports of undocumented immigrants registering to vote in any substantial number. NBC News last week reported, “noncitizen voting” is “already illegal and very rare.”

READ MORE: ‘They Want Russia to Win So Badly’: GOP Congressman Blasts Far-Right House Republicans

Those claims, however, echo some made by the Republican Speaker of the House Mike Johnson one week ago in his joint press conference with Donald Trump at Mar-a-Lago.

“We only want U.S. citizens to vote in U.S. elections,” Johnson said, standing next to Trump, “but there are some Democrats who don’t want to do that. We believe that one of their designs, one of the reasons for this open border, which everybody asked all around the country, why would they do this? Why would they allow all this chaos? Why the violence? Because they want to turn these people into voters.”

“Right now the administration is encouraging illegals to go to their local welfare office to sign up for benefits,” Johnson, one of the top election deniers in the country, claimed as he explained his conspiracy theory. He did not state how the Biden Administration is communicating with undocumented immigrants, nor did he offer proof of these communications. He also did not state that the vast majority of undocumented immigrants are ineligible for any government welfare program.

 

Image via Shutterstock

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‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

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19 hours ago

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April 18, 2024

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Some House Democrats and House Republicans are coming together toward a common opponent: far-right “pro-Putin” hardliners in the House Republican conference, who appear to be led by U.S. Rep. Marjorie Taylor Greene (R-GA).

Congresswoman Greene has been threatening to oust the Republican Speaker of the House, Mike Johnson. Last month she filed a “motion to vacate the chair.” If she chooses to call it up she could force a vote on the House floor to try to remove Speaker Johnson.

House Democrats say they are willing to vote against ousting Johnson, as long as the Speaker puts on the floor desperately needed and long-awaited legislation to fund aid to Ukraine and Israel. Johnson has refused to put the Ukraine aid bill on the floor for months, but after Iran attacked Israel Johnson switched gears. Almost all Democrats and a seemingly large number of Republicans want to pass the Ukraine and Israel aid packages.

RELATED: Marjorie Taylor Greene, ‘Putin’s Envoy’? Democrat’s Bills Mock Republican’s Actions

Forgoing the possibility of installing Democratic House Minority Leader Hakeem Jeffries as Speaker, which is conceivable given Johnson’s now one-vote majority, Democrats say if Johnson does the right thing, they will throw him their support.

“I think he’ll be in good shape,” to get Democrats to support him, if he puts the Ukraine aid bill on the floor, U.S. Rep. Raja Krishnamoorthi (D-IL) told CNN Thursday. “I would say that there’s a lot of support for the underlying bills. I think those are vital.”

“If these bills were delivered favorably, and the aid was favorably voted upon, and Marjorie Taylor Greene went up there with a motion to remove him, for instance, I think there’s gonna be a lot of Democrats that move to kill that motion,” Congressman Krishnamoorthi said. “They don’t want to see him getting punished for doing the right thing.”

“I think it is a very bad policy of the House to allow one individual such as Marjorie Taylor Greene, who is an arsonist to this House of Representatives,” U.S. Rep. Dan Goldman (D-NY) told CBS News’ Scott MacFarlane, when asked about intervening to save Johnson. He added he doesn’t want her “to have so much influence.”

U.S. Rep. Anthony D’Esposito, one of several Republicans who won their New York districts in 2022, districts that were previously held by Democrats, opposes Greene’s motion to vacate – although he praised the Georgia GOP congresswoman.

CNN’s Manu Raju reports Republicans “say it’s time to marginalize hardliners blocking [their] agenda.”

D’Esposito, speaking to Raju, called for “repercussions for those who completely alienate the will of the conference. The people gave us the majority because they wanted Republicans to govern.”

U.S. Rep. Mike Lawler, like D’Esposito is another New York Republican who won a previously Democratic seat in 2022. Lawler spoke out against the co-sponsor of Greene’s motion to vacate, U.S. Rep. Tim Massie (R-KY), along with two other House Republicans who are working to block the Ukraine aid bill via their powerful seats on the Rules Committee.

U.S. Rep. Mikie Sherrill (D-NJ), a former Navy pilot, blasted Congresswoman Greene.

RELATED: ‘They Want Russia to Win So Badly’: GOP Congressman Blasts Far-Right House Republicans

“Time is of the essence” for Ukraine, Rep. Sherrill told CNN Wednesday night. “The least we can do is support our Democratic allies, especially given what we know Putin to do. To watch a report and to think there are people like Marjorie Taylor Greene on the right that are pro-Putin? That are pro-Russia? It is really shocking.”

U.S. Rep. Dan Crenshaw (R-TX), as NCRM reported Thursday, had denounced Greene.

“I guess their reasoning is they want Russia to win so badly that they want to oust the Speaker over it,” he said, referring to the Ukraine aid bill Greene and her cohorts want to tank. “I mean that’s a strange position to take.”

The far-right hardliners are also causing chaos in the House.

“Things just got very heated on the House floor,” NBC News’ Julie Tsirkin reported earlier Thursday. “Group of hardliners were trying to pressure Johnson to only put Israel aid on the floor and hold Ukraine aid until the Senate passed HR2.”

HR2 is the House Republicans’ extremist anti-immigrant legislation that has n o chance of passage in the Senate nor would it be signed into law by President Biden.

“Johnson said he couldn’t do it, and [U.S. Rep. Derrick] Van Orden,” a far-right Republican from Wisconsin “called him ‘tubby’ and vowed to bring on the MTV [Motion to Vacate.]”

“No one in the group (Gaetz, Boebert, Burchett, Higgins, Donalds et al.) were threatening Johnson with an MTV,” Tsirkin added. “Van Orden seemed to escalate things dramatically…”

Despite Greene’s pro-Putin and anti-Ukraine positions, her falsehoods about “Ukrainian Nazis,” and Russians not slaughtering Ukrainian clergy, reporters continue to “swarm”:

Watch the videos above or at this link.

READ MORE: ‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

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