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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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‘Very Selfish People’: Exhausted Louisiana ICU Nurse Shames Americans Who Refuse Vaccinations

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An intensive care unit nurse in Louisiana told CNN’s Anderson Cooper that she’s exhausted dealing with patients who haven’t gotten vaccinated against the novel coronavirus.

During a lengthy interview, Cooper asked ICU nurse Felicia Croft to describe the conditions she’s seeing at her hospital at the moment.

“Right now, we’re seeing a lot of patients, number one. and patients that are sicker and patients that are closer to my age, which just brings it to a whole new level,” she explained. “I’m 34 years old.”

Cooper then asked her how she felt about people who complained about being asked to get vaccinated or wear face masks during the COVID-19 pandemic, which so far has killed more than 600,000 Americans.

“So we have become… a very selfish just group of people,” she said. “This pandemic — and masks and vaccines — this is not about you and this is not about what always makes you feel good! And it’s about, you know, the cashier at your local gas station. and it’s about your local baker. and you know, your neighbor and your cousin’s friends.”

She then explained how she believed that COVID-19 vaccinations were a divine blessing and that it is arrogant for people to turn them away.

“God gave somebody a whole lot smarter than me… the knowledge to develop this vaccine,” she said.

Watch the video below.

 

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‘Milquetoast’: Some Slam Graham for Not Strongly Urging Americans to Get Vaccinated After Announcing He Has COVID

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U.S. Senator Lindsey Graham Monday afternoon announced he has tested positive for the coronavirus. The South Carolina Republican and top Trump ally says he was vaccinated, but like a minuscule percentage of Americans – less than 1% – who were inoculated he contracted the virus after being vaccinated.

Graham did credit the vaccine for his mild symptoms, but some believe he should have taken this opportunity to urge other Trump-loving Republicans to get vaccinated, rather than just mention that he was vaccinated. The vaccine is credited with keeping those who contract the virus after being fully inoculated alive and out of the hospital. Many, like Graham, report only mild symptoms.

“I was just informed by the House physician I have tested positive for #COVID19 even after being vaccinated. I started having flu-like symptoms Saturday night and went to the doctor this morning,” Graham tweeted.

“I am very glad I was vaccinated because without vaccination I am certain I would not feel as well as I do now,” he added. “My symptoms would be far worse.”

But, like many noted, Graham offered up no direct plea to get vaccinated.

Earlier Monday the CDC announced that 70% of eligible Americans have had at least one dose of the vaccine, but Republicans are the largest group who are refusing to get inoculated, thanks in large part to anti-vaxx disinformation coming from Fox News, other far right media outlets, and lies posted on social media.

Some used Graham’s tweets as an opportunity to explain that vaccinated or not the virus can be transmitted and that’s why masks are still necessary in most parts of the country.

Some felt he struck an appropriate tone:

Others just blasted him for not going far enough and insisting others get vaccinated:

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Third DC Police Officer Who Fought to Protect Capitol on Jan. 6 Dies by Suicide

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A Washington, D.C. Metropolitan Police officer who fought to protect the U.S. Capitol and the lawmakers inside it on January 6 became the third law enforcement official to die by suicide. He was just days shy of his 44th birthday.

On Thursday, January 29, Officer Gunther Hashida “took his own life,” CNN Law Enforcement Correspondent Whitney Wild reports.

Officer Hashida’s death is the eighth related to the events of the January 6 insurrection, which was incited by then-President Donald Trump.

NCRM has located a GoFundMe page to support Officer Hashida’s wife, sister, and three children, according to the site, but we have not verified its authenticity.

The Daily Mail adds that “It’s unclear how he killed himself and his family have not attributed his death to the riot on January 6.”

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