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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.

Some responses via Twitter:

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AMERICA IN CRISIS

Trump’s Mental Decline Compared to Reagan’s Hidden Alzheimer’s in Brutal MSNBC Assessment

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On Saturday morning a deadly serious MSNBC panel took up Donald Trump’s increasingly erratic behavior of late, which led one panelist to sincerely suggest the president needs to be evaluated by mental health officials because she believes the White House is covering for him.

Speaking with host David Gura, MSNBC legal analyst Maya Wiley admitted that she is no doctor, but that there are signs of the president’s decline that reminded her of how Ronald Reagan’s White House hid his Alzheimer’s from the public.

“This is the man last week said he was the second coming, the ‘chosen one,’” Wiley began. “It is very, very difficult to not have a conversation about whether or not he’s competent to serve as president. I say that because there were actually objective measures this week.”

“So there’s the possibility, of course, he is just a president without a platform and, therefore, he’s not going to stick to one position and he’s going to waiver based on whoever is influencing him because he doesn’t stand for anything,” she elaborated. “That’s one narrative. The other possibility is, as we saw with Ronald Reagan, who actually did have Alzheimer’s and it was kept under wraps. I just don’t understand why we not actually ask and have a confrontational conversation about whether or not there’s something more going on here with his health, because there are certain statements and behaviors that simply require some analysis because he is the leader — supposedly the leader of the free world.”

“I just want to say that it’s both those things, I don’t know which one is true,” she cautioned. “I’m not making a statement of fact, but this week was a new chapter in bizarre.”

Watch below:

 

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BAD PRESIDENT

Former Dem Senator Hilariously Nails Perfect Impression of ‘Pouting’ Trump at G7 Because Nobody ‘Likes Him’ There

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During the “Overtime” segment of HBO’s Real Time, former North Dakota Sen. Heidi Heitkamp (D) made fun of Donald Trump before he arrived at the G7 summit in France, saying he will pout his way through the weekend because the other world leaders loathe him.

With host Bill Maher asking how the Trump will conduct himself, Heitkamp immediately went into a very recognizable arms-crossed pout, which caused the audience to burst into laughter.

After the two posed as Trump and German leader Angela Merkel from the last get together, Heitkamp had a few things to say about the president.

“Pouting, the president will pout,” she smirked. “Because people don’t like him. and he knows they don’t like him. And when people don’t like him, he pouts.”

“It’s embarrassing, it’s not just ridiculous,” she added. “And it’s dangerous, it’s dangerous with everything that is going on.”

Host Maher added, “He shouldn’t even go, he doesn’t even want to be there.”

Watch below:

 

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AMERICAN IDIOT

‘A Monumental Fraud and Failure’: Trump Had a Plan to ‘Blow Up’ the G7 and Give the ‘Middle Finger’ to Our Allies: Report

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President Donald Trump’s plan was to bully our G7 allies on a range of issues by touting the strong U.S. economy. As The Washington Post’s Greg Sargent wrote Friday morning, “Trump will proclaim his ‘America First’ agenda a smashing success, and throw that in the faces of our European allies.”

That plan will have to be changed now that his trade war with China just exploded.

China imposed tariffs of $75 billion of U.S. goods on Friday. Trump launched a tweetstorm causing the DOW to drop more than 600 points (at several times during the day more than 700 points.)

The president apparently found wiping out the value of millions of Americans’ 401(k)s amusing:

And just an hour after the markets closed, Trump once again took to Twitter, announcing he is increasing tariffs against China on $250 billion of goods.

“Trump’s appearance [at the G7] will in reality demonstrate that the very nationalist agenda he will be touting is, thus far, a record of deep fraudulence and failure, covered up with lies,” Sargent added. “Trump’s ‘America First’ agenda, particularly the trade war with China, is a key reason the U.S. economy is now at greater risk of tipping into recession.”

“It’s important to appreciate just how heavily Trump’s political mystique relies on the constant middle finger he gives to allies and international leaders. It’s central to the story he told in 2016 and the one he’ll tell in 2020.”

Last year President Trump promised winning trade wars is “easy.”

Read the entire piece at The Washington Post.

 

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