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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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Conservative Columnist Torches Trump ‘Cultists’ Over Their ‘Two-Step Around Reality’

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The Dispatch‘s national correspondent, Kevin D. Williamson, wants to ask Republicans a question.

He points to the $270 it takes to fill up the tank of a Ford Super Duty truck in his neighborhood — 48 gallons at $5.60 a gallon for diesel — and asks, “Do you feel smart?”

Citing a column by The New York Times’ Bret Stephens, Williamson weighs the pros and cons of voters electing candidates to achieve results over voters choosing “paragons of moral rectitude.”

“There is something to be said for that approach,” writes Williamson. “One of the problems with our politics is that politicians—especially presidents—are treated as embodiments of the nation, the people, and our values, to such an extent that members of a party feel alienated and humiliated when the other party’s leader occupies the White House.”

He concludes that for partisans, “inconvenient facts necessitate a kind of rhetorical two-step.”

“There are proud Trump cultists and there are embarrassed Trump cultists, and, if you press one of the latter on Trump’s viciousness—his dishonesty, his infidelity, his venality, his susceptibility to flattery, his inconstancy—he often will retreat into comfortable pragmatism,” Williamson writes.

They will say they like Trump’s “policies,” which, Williamson charges, “mainly indicates the economic conditions coincident with Trump’s first term in office, pre-COVID, which were only to a very minor degree the result of any Trump policy.”

But press the embarrassed Trump cultist further — like on the $270 tank fill-up — and they will “retreat into moralism, albeit a negative kind of moralism based in the perceived deficiencies of the Democrats rather than in any of Trump’s particular moral virtues, which, it is plain, simply do not exist.”

When Republicans insist Americans “think of the policies,” Williamson says he wonders “what those beneficial policies are.”

“The illegally initiated and incompetently executed war in Iran that is the proximate cause of that $270 diesel bill? The obviously criminal massacres of civilians on the high seas? The gross self-dealing and corruption? The elevation of wildly unqualified yes-men such as Bill Pulte to high office? The deepening debt? The rising inflation?”

Williamson says that they like the policies, “Except for the inflation, and the trade chaos, and the war, and the corruption, and the enshrinement of utter incompetence.”

He says that you “can two-step around reality any way you like, but the fact is that right now Republicans are offering both Ken Paxton and $5.60 diesel. And so I repeat the question to my Republican friends: ‘Do you feel smart?'”

 

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Letter From Deep Red Florida Torches ‘Low Self-Esteem’ MAGA Voters

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Port Charlotte, Florida, is part of Charlotte County — which voted for President Donald Trump by a solid two-to-one margin in 2024. It was named one of the top ten places to retire in 2012.

Still seen as a deeply red state, Democrats are making inroads into the Sunshine State. Ahead of the August primary, in the race for governor, Republican Byron Donalds often polls ahead of Democrat David Jolly but only by single digits, according to data from The New York Times. Donald Trump won the state by 13 points in 2024.

A letter to the editor highly critical of President Donald Trump and his MAGA base in a Port Charlotte news outlet could be seen as surprising.

“MAGA crowd, Trump are all about winning,” reads the headline.

“Donald Trump and the MAGA movement have turned American politics into a fan-based team sport,” writes its author, Gayle Yarnall.

“Governing has become an us versus them rivalry regardless of the consequences. It is all about winning,” she laments.

“The 2024 election is long over. Yet, there are Trump signs, banners, and flags still posted around. It is akin to displaying the flag of your favorite teams like the Patriots or the Buckeyes. What is the purpose except to express that, ‘I’m on a winning team’?” Yarnall asks.

“No one will be persuaded to vote for Trump. The election is done and he won. Is there any memory of Reagan, Biden, Bush, Obama, or Clinton flags or signs posted months or years after the election? Of course not.”

Yarnall calls the still-flying banners and flags “visual reminders” for “those with low self-esteem, feeling left out and unheard.”

“They scream, ‘look at me, we won, I’m on a winning team,'” she says.

“Even when gas prices spike, the cost of tariffs are passed on, a war continues, inflation is rising in all sectors it matters not because my team won.”

In a last-ditch plea, Yarnall asks her neighbors, “Please remember to vote!”

 

Image via Shutterstock

 

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Conservative Insider Throws Cold Water on GOP’s Midterm Confidence

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Right-wing journalist Ben Domenech isn’t aligned with GOP wisdom that the Republican Party should do well in the November midterm elections. In a lengthy written conversation with The New York Times, Domenech says he is “skeptical.”

“Republicans still seem to think that, thanks to redistricting and their advantages in fund-raising, they could buck historical trends and hold on, perhaps even in the House,” Domenech told the Times’ John Guida. “They’re just scared about gas prices. Personally, I’m skeptical.”

Looking specifically at Maine, which Republicans see as the “linchpin” to holding the Senate majority, according to Guida, Domenech also sends a warning. The race will be between U.S. Senator Susan Collins (R-ME) and Democratic insurgent newcomer Graham Platner, who has already faced numerous scandals.

“The interesting thing about this whole focus on Maine is that if you talk to Senate Republican staff and consultants, they’re actually less worried about it than other states,” says Domenech. “This is partially because of Platner’s shall we say unique collection of scandals and challenges, but it’s also because of enormous faith in Collins as a survivor.”

Collins, 73, is running for her sixth term after being first elected in 1996.

Guida points to a Politico report on a memo that states: “the political fundamentals in Maine remain challenging, and it is a fatal mistake to assume Platner is too damaged to win.”

“I think that’s correct,” says Domenech, “and top Republicans should actually be more concerned.”

“Platner clearly has energy behind him. He speaks to a desire on the left for a strong message, and he’s shown no signs of bowing to pressure to get out for a more centrist-coded candidate,” he adds. “Collins is absolutely capable of winning, but national assumptions are taking over based on her last election, in 2020, when she came back from what seemed like a deep hole by keeping her campaign hyperlocal.”

Domenech says that Republicans do have some concerns, specifically about three states Donald Trump won by double digits in 2024: Alaska, Iowa and Ohio.

In Ohio, former U.S. Senator Sherrod Brown is seeking to return to the Senate, and is running against “an appointee who has never won a Senate election, Jon Husted.”

In Alaska, Democrat Mary Peltola is running against Dan Sullivan, the Republican incumbent who “has the advantage there, but again, we’re talking about a unique state, and Peltola is an Alaska Native,” says Domenech. That race is now considered a “toss up” by The Center for Politics’ “Crystal Ball,” which also now rates the Ohio race as a “toss up.”

Iowa could become a difficult race for Republicans as well. Domenech warns it “could turn out to be a real test for Trump’s tariff policies, which have been a decidedly mixed bag in many of the states that backed him. The president will probably have to take that argument to the people of Iowa himself.”

Overall, says Domenech, Republicans’ confidence “comes from a belief that Democratic radicalism, particularly the various examples of what they view as a renewed cultural leftism in opposition to Trump during his first term, will play in their favor.”

 

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