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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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THE IMPEACHMENT HEARINGS

‘None Whatsoever’: US Diplomat Burns to the Ground Trump Lie That Joe Biden’s Actions Are ‘Corrupt’

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President Donald Trump’s Deputy Assistant Secretary for European and Eurasian Affairs, George Kent, in bombshell testimony Wednesday destroyed the president’s lie that Joe Biden’s actions, especially toward Ukraine, are “corrupt.”

Asked if there any factual basis to support Trump’s allegations, Kent replied: “None whatsoever.”

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THE IMPEACHMENT HEARINGS

Taylor Staffer Overheard Trump Impatiently Asking Sondland About ‘The Investigations’ Day After Infamous July 25 Call

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The acting ambassador to Ukraine said he has learned since his closed-door testimony that President Donald Trump appeared keenly interested in the status of an investigation into Joe Biden by Ukraine.

Bill Taylor, the president’s top diplomat in Ukraine, testified Wednesday that he learned last week from a staffer, after he was deposed in a closed-door hearing, about an incident that took place a day after Trump’s call to his Ukrainian counterpart Volodymyr Zelensky.

“Last Friday, a member of my staff told me of events that occurred on July 26,” Taylor testified.

Taylor was visiting the front of Ukraine’s war with Russia at the time with Kurt Volker, then a special envoy to the country, and a member of the ambassador’s staff accompanied EU ambassador Gordon Sondland to a meeting with Andrey Yermak, an aide to Zelensky.

“Following that meeting, in the presence of my staff at a restaurant, Ambassador Sondland called President Trump and told him of his meetings in Kyiv,” Taylor testified. “The member of my staff could hear President Trump on the phone, asking Ambassador Sondland about ‘the investigations.’”

“Ambassador Sondland told President Trump that the Ukrainians were ready to move forward,” Taylor added.

Taylor’s staff member asked Sondland what the president thought about Ukraine, and the acting ambassador was troubled by his State Department colleague’s response.

“Ambassador Sondland responded that President Trump cares more about the investigations of Biden, which Giuliani was pressing for,” Taylor testified. “At the time I gave my deposition on October 22, I was not aware of this information. I am including it here for completeness.”

Taylor said he first reported that new information through the State Department’s legal adviser, and then through attorneys for both House Republicans and Democrats.

 

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TIN FOIL HAT CLUB

Nunes Promotes Debunked Conspiracy Theories: Democrats Colluded With Russia and Are ‘Culpable’ of ‘Malfeasance’ in Ukraine

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Intelligence Committee Ranking Member Devin Nunes (R-CA) in his opening remarks on the first day of public witness testimony in the impeachment inquiry of President Donald Trump, charged House Democrats with wholly debunked conspiracy theories. Among them, that Democrats – not Donald Trump – colluded with Russia, and Ukraine, not Russia, attacked the 2016 U.S. elections. Also, that Democrats, not President Trump, committed wrongdoing against Ukraine.

So, Nunes is claiming (falsely) that Democrats both colluded with Ukraine and attacked Ukraine (video below.)

“Democrats have a long habit of accusing Republicans of offenses they, themselves, are committing,” Nunes claimed. “For years they accused the Trump campaign of colluding with Russia when they themselves were colluding with Russia by funding and spreading the Steele Dossier that relied on Russian sources. And now they accuse President Trump of malfeasance in Ukraine, when they, themselves, are culpable. The Democrats cooperated in Ukrainian election meddling,” Nunes charged.

Literally every word is a lie.

Remember that the U.S. Intelligence Community unanimously decreed that Russia attacked the 2016 U.S  elections. That fact was once again proven during the Mueller investigation, and in the Mueller Report. There is literally zero proof of Nunes’ claims.

Nunes, who may be best remembered for his dramatic dark of night visit to the White House in 2017, where he was given information by the Trump administration only to claim it was from a secret source. That information was falsely framed to suggest (wrongly) the Obama administration had illegally investigated the Trump campaign.

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