Connect with us

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

Published

on

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.

Some responses via Twitter:

To comment on this article and other NCRM content, visit our Facebook page. 

 

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Trump’s Postmaster General Removing Hundreds of Mail Sorting Machines – Before the Biggest Vote By Mail Election Ever: Report

Published

on

President Donald Trump’s Postmaster General is quietly removing mail sorting machines and has scheduled the removal of  hundreds more from USPS facilities across the country. The action, which is both unprecedented and unexplained, comes barely months before the 2020 November election, which begins in weeks when early voting starts in some states.

“In many cases, these are the same machines that would be tasked with sorting ballots, calling into question promises made by Postmaster General Louis DeJoy that the USPS has ‘ample capacity’ to handle the predicted surge in mail-in ballots,” VICE’s Motherboard reports. “Motherboard identified 19 mail sorting machines from five processing facilities across the U.S. that either have already been removed or are scheduled to be in the near future.”

That may not seem like a lot, and as Motherboard notes, “the Postal Service operates hundreds of distribution facilities around the country.”

But The Guardian’s voting rights reporter Sam Levine has posted what he reports is a letter and attached spreadsheets detailing where literally hundreds of USPS machines are slated to be removed, from where, and when.

NCRM examined the spreadsheets, which refer to the removal of a total of 671 mail sorting machines with names like Automated Flat Sorting Machine (AFSMs), and Delivery Bar Code Sorters (DBCSs).

These are used to sort mostly letter-sized, flat mail pieces – the exact kind that, say, voting ballots would be sent in.

The letter, which was sent to the President of the American Postal Workers Union, cites only the “reduction in letter and flat mail volume,” but does not say why the machines are being removed now. The schedule calls for all 671 machines to be removed by September 30, which in some states is when or just after early voting begins.

 

Continue Reading

News

The Foreword for Michael Cohen’s Book Is Out — It Contains Allegations of Deviant Sex Acts and a Backchannel to Putin

Published

on

President Donald Trump’s former “fixer” Michael Cohen was unfairly targeted by judges attempting to silence his tell-all book slated to be released before the election. However, Cohen prevailed and his new book Disloyal: A Memoir. The true story of the former personal attorney to President Donald J. Trump is scheduled to be released by Oct. 6, according to Amazon, but Cohen had initially said he hoped to have it out by the end of September.

Cohen has already released the foreword of the book on the site for the book, which is getting so much traffic it keeps crashing.

“From golden showers in a sex club in Vegas, to tax fraud, to deals with corrupt officials from the former Soviet Union, to catch and kill conspiracies to silence Trump’s clandestine lovers, I wasn’t just a witness to the president’s rise—I was an active and eager participant,” it says, among other things.

He recalled his shocking and revealing testimony to Congress in which he outed the president for unethical and questionable behavior and urged others to rethink their support.

To those who support the President and his rhetoric, as I once did, I pray the country doesn’t make the same mistakes as I have made or pay the heavy price that my family and I are paying,” Cohen recalled testifying to Congress, “exhorting them to learn from my example.”

“Pulling over at a service plaza, I gassed up and headed inside for a coffee, black no sugar,” he described. “I looked around to see if I was under surveillance or being followed; a sense of dread consuming my thoughts. Who was that FBI-type in the gray coat or the muscle-bound dude a few paces behind me? The notion that I was being followed or stalked may have seemed crazy; but it was also perfectly logical. I wasn’t just famous—I was perhaps the most infamous person in the country at the time, seen by millions upon millions as a traitor. President Trump controlled all the levers of the Commander in Chief and all the overt and covert powers that come with the highest office in the country. He also possessed a cult-like hold over his supporters, some of them demonstrably unhinged and willing to do anything to please or protect the President. I knew how committed these fanatics were because I’d been one of them: an acolyte obsessed with Donald J. Trump, a demented follower willing to do anything for him, including, as I vowed once to a reporter, to take a bullet.

See all of the facts at Cohen’s site for the book.

Continue Reading

RELIGIOUS EXTREMISM

Trump-Loving Catholic Priest Accuses Biden-Harris Supporters of Wanting ‘Terrorists’ and ‘Bloodshed’

Published

on

A very pro-Trump Catholic priest went ballistic after the first joint public appearance of Joe Biden and Kamala Harris Wednesday afternoon, attacking Americans showing support for a Biden-Harris landslide.

Those tweeting #BidenHarris2020Landslide with a desire for it are seeking a landslide of – bloodshed of #unborn babies – persecution of the church – economic debt – criminals in our neighborhoods – new terrorists in the world – taxes,” wrote Father Frank Pavone. “And they don’t have the integrity to face it.”

Former Vice President Joe Biden is a devout, practicing Catholic.

It is unusual for members of the clergy to be so open in advocating their political preferences of one candidate over another.

Related: Bishop Blasted for Attacking Biden-Harris as ‘First Time in Awhile’ Dems Not Running a Catholic (They Are)

Father Pavone, who is also the national director of Priests for Life, an anti-abortion, anti-choice organization,  was not done, offering more commentary attack Democrats.

He also promoted a tweet from the official Trump campaign:

And later accused Democrats of “concocting” “delusional fantasies.”

In fact, taking a look at Father Pavone’s Twitter feed reveals what appears to be an unabashed endorsement of President Donald Trump.

On Wednesday he even promoted the Trump campaign’s “Make America Great Again” slogan to tweet out his work, a Fox News-like presentation supporting Trump talking points, mixed with graphic anti-abortion imagery.

 

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.