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BREAKING: Department of Justice Argues Civil Rights Act Does Not Protect ‘Homosexuals’

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Jeff Sessions’ DOJ Argues Sexual Orientation Discrimination Is Not Sex Discrimination

The Department of Justice has just filed a brief arguing the landmark Civil Rights Act of 1964 does not protect gay workers. Barely 12 hours after President Donald Trump launched a historic assault banning active duty transgender service members, his administration has told a federal appeals court the Civil Rights Act of 1964 does not protect “homosexuals” from discrimination.

(The DOJ’s use of the term “homosexuals” is itself a throw back to a time when anti-LGBT discrimination was acceptable.)

In short, the amicus brief claims sexual orientation discrimination is not sex discrimination, contrary to the published position of at least one federal agency, the U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act “makes it unlawful to discriminate against someone on the basis of race, color, national origin, sex (including pregnancy and gender identity) or religion.”

In 2015 a federal judge ruled that “claims of sexual orientation discrimination are gender stereotype or sex discrimination claims,” in a Title IX case.

Wednesday evening the Dept. of Justice filed an amicus brief in Zarda v. Altitude Express. Lambda Legal summarized the case:

In September 2010, [Donald] Zarda, a skydiver, filed a lawsuit in U.S. District Court for the Eastern District of New York against his former employer, Altitude Express, Inc, alleging that the company violated the Civil Rights Act by discriminating against him because of his sexual orientation. The district court rejected his claim, saying that the Civil Rights Act does not protect him for bias he endured for being a gay man. Tragically, in October 2014, Zarda died in a base jumping accident in Switzerland.

In January 2017, Gregory Antollino argued an appeal on behalf of Zarda’s estate asking a three judge panel of the Second Circuit to revisit its precedent and hold that sexual orientation discrimination is a form of sex discrimination and therefore illegal under the Civil Rights Act. The three-judge panel denied Zarda’s claim in April 2017, but held that Zarda would be entitled to a new trial if the full Second Circuit agreed with his arguments about Title VII of the Civil Rights Act.

The ACLU, in its amicus brief in the case, writes that the “Supreme Court has explained that sex discrimination occurs whenever an employer takes an employee’s sex into account when making an adverse employment decision. Courts have applied this principle to countless forms of employer bias, from cases involving a ban on hiring mothers of preschool-aged children to bias against Asian-American women to the failure to promote a Big Eight accounting firm partnership candidate because she was considered to be ‘macho.’ Time and again, courts have refused to allow generalizations about men and women – or about certain types of men and women – to play any role in employment decisions.”

But that’s not what the Trump Dept. of Justice is arguing. The DOJ is arguing that it’s OK to discriminate against LGBT people in the workplace.

In short, the DOJ’s argument consists of these bullet points:

  • TITLE VII’S BAR AGAINST DISCRIMINATION BECAUSE OF SEX IS NOT VIOLATED UNLESS MEN AND WOMEN ARE TREATED UNEQUALLY
  • DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION IS NOT DISCRIMINATION BECAUSE OF SEX UNDER TITLE VII

“Among Zarda’s boosters is the Equal Employment Opportunity Commission, a largely autonomous federal agency that handles civil rights disputes in the workplace, which supported Zarda last month in its own court filing,” Buzzfeed’s Dominic Holden reports.

He notes, “the Justice Department argues, ‘the EEOC is not speaking for the United States and its position about the scope of Title VII is entitled to no deference beyond its power to persuade.'”

In other words, the DOJ is saying the EEOC, whose job it is to determine application of the equal rights law, does not determine application of the equal rights law.

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News

Trump Organization Given ‘Corporate Death Penalty’ and Ordered Dissolved by Judge After ‘Persistent Fraud’: Legal Experts

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September 26, 2023

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A New York judge has ordered Donald Trump’s business entities in the state of New York, including The Trump Organization, dissolved, and his business certificates canceled, according to legal experts, after ruling that the ex-president for years committed fraud and deceived banks and insurers by inflating the value of his assets.

Manhattan Supreme Court Justice Arthur Engoron “has ordered cancellation of all [NYS] business [certificates] of ‘any entity controlled or beneficially owned by Donald J. Trump, Donald Trump, Jr, Eric Trump, Alan Weisselberg, & Jeffrey McConney. An independent receiver will manage the dissolutions,” writes former federal prosecutor Elizabeth de la Vega.

The Messenger reports Judge Engoron’s “blockbuster ruling found that the former president and his business leaders failed to correct course after warned of a ‘propensity to engage in persistent fraud,'” and ordered “a quick timeline to dissolve the Trump Organization and other corporate entities.”

READ MORE: House GOP Shutdown Demands Include Gutting Billions From Dept. of Education, Costing Over 200,000 Teachers Their Jobs

MSNBC legal analyst Lisa Rubin explains that the “New York trial court judge has found that Trump, his adult sons, and Allen Weisselberg engaged in a persistent, years-long fraud through ‘fantasy world’ valuations of core Trump assets, including his own residence and various golf courses and office buildings.”

“His decision not only eliminates the need for trial on that claim, but also orders fairly dramatic relief: the cancellation of New York business certificates for all of the entities named as defendants, ‘as well as any other entity controlled or beneficially owned by the individual defendants found liable,'” she adds.

“In addition to finding that Trump committed fraud, the judge canceled the certificates of various Trump businesses, appointed a former judge as an independent monitor of the Trump Organization, and will appoint receivers to manage the canceled LLCs,” writes former federal prosecutor Renato Mariotti.

“This is a pretty big deal,” he adds.

Professor of law Ryan Goodman, the former Dept. of Defense Special Counsel says Manhattan Supreme Court Justice Arthur Engoron ordered the “corporate death penalty” for the Trump organization. Former U.S. Attorney Joyce Vance also used the term “corporate death penalty.”

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

“The leading Republican candidate has been found liable for sexual assault and fraud, his companies found guilty of fraud, and he’s charged with 91 OTHER felony counts. That he is not dismissed politically out of hand says much more about us, than about him,” observes MSNBC’s Andrew Weissmann, the well-known former lead prosecutor in Robert S. Mueller’s Special Counsel’s Office and former FBI General Counsel.

Attorney, retired U.S. Air Force colonel, and former administrative law judge Moe Davis responding to the news, writes: “Trump is the eponymous fraudster. The name Trump is to fraud what Campell’s is to soup, Kleenex is to tissue, and ping is to pong.”

 

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Trump Committed Fraud and Deceived Banks While Growing His Real Estate Empire, Judge Says: Report

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8 hours ago

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September 26, 2023

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Donald Trump committed fraud, deceived banks, and inflated the value of his real estate holdings a judge said Tuesday, granting New York Attorney General Letitia James partial summary judgment in her civil case against the ex-president.

Manhattan Supreme Court Justice Arthur Engoron “has ruled that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House,” The Associated Press reports. Judge Engoron “found that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.”

“The decision, days before the start of a non-jury trial in Attorney General Letitia James’ lawsuit, is the strongest repudiation yet of Trump’s carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse,” The AP adds.

Attorney General James “is seeking $250 million in penalties and a ban on Trump doing business in New York, his home state. The trial could last into December, Engoron has said.”

READ MORE: McCarthy Now Blaming Likely Shutdown on Fentanyl, President Biden, and His Own House Republicans
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McCarthy Now Blaming Likely Shutdown on Fentanyl, President Biden, and His Own House Republicans

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10 hours ago

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September 26, 2023

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Speaker Kevin McCarthy during a raucous gaggle with reporters Tuesday afternoon blamed the increasingly likely shutdown of the federal government on fentanyl, President Joe Biden, and his own House Republicans.

Political experts have said the Republican Speaker could avoid a government shutdown, which will happen at midnight on Friday if legislation is not passed, by making a deal with Democrats and a small number of House Republicans. Doing so would likely cost him his job.

Asked on Tuesday by CNN’s Manu Raju, “Are you ruling out a clean CR without any border security?” McCarthy immediately launched in to a diatribe.

“You know what’s so concerning here? What do you tell to the families that tomorrow morning are gonna wake up and their child’s dead? Because fentanyl came across?” he asked the CNN reporter (video below). “What do you tell to that border agent that you saw the other day? Now his network doesn’t believe it but he’s all in blood. Or the cartels, the billions of dollars that they’re making. Or to the young girls that get raped?”

READ MORE: House GOP Shutdown Demands Include Gutting Billions From Dept. of Education, Costing Over 200,000 Teachers Their Jobs

Another reporter, seemingly frustrated, interjected and asked, “But what do you tell the workers who are concerned they’re gonna get furloughed next week because there is no agreement in your chamber, sir?”

“Well, I know. It’s easy,” McCarthy claimed. “All the President has to do is say, ‘You know what, as one of my fundamental jobs as the President of the United States is to secure our border.'”

Another reporter, ignoring the Speaker’s apparent obfuscation, loudly asked, “Speaker McCarthy if we see the rule votes fail later today, is it possible to even move on to a CR [continuing resolution] for you?”

“Oh, yeah, I never give up,” McCarthy said smiling.

“I know that,” she replied, “but do you think you have the votes?”

Again, not delivering a straight answer, McCarthy smiled and replied, “Oh, I’ve got a lot of things I can try.”

READ MORE: ‘Height of Irresponsibility’: Top LGBTQ Civil Rights Group Slams House Republicans Over Shutdown and ‘Politics of Hate’

CNN’s Raju reported that McCarthy, when asked about the “math,” meaning if he has the votes to keep the government open, said: “What’s concerning to me is that there are people in the Republican Party who will take the position of President Biden against what the rest of Americans want.”

That could suggest some Republicans have indicated they would vote with Democrats on a bill to keep the government from shutting down.

Raju also reported he asked “Speaker McCarthy if he believes he could survive a vote to oust him from the speakership, as [Rep. Matt] Gaetz has threatened, and he said: ‘I don’t count that vote.'”

NPR’s Joel Rose has reported, “Close to 90% of … fentanyl is seized at ports of entry. Immigration authorities say it is smuggled mostly by U.S. citizens, as well as other travelers who are legally authorized to cross. Virtually none is seized from migrants who are seeking asylum.”

On Monday The Washington Post Editorial Board wrote: “The U.S. government will almost certainly shut down on Oct. 1, the work of ultraconservative holdouts who want to ‘burn the whole place down,’ as House Speaker Kevin McCarthy (R-Calif.) put it. Yet, for now, Mr. McCarthy does not appear willing to take away the matches. He could sideline the objectors by calling House Democrats and agreeing to pass bipartisan legislation to fund the government.”

Watch McCarthy below or at this link.

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

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