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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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Bombshell WSJ Report: Trump Pressured DOJ Attorneys to Sue States in the Supreme Court to Overturn Election

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President Donald Trump pressured U.S. Department of Justice attorneys, possibly including former Attorney General Bill Barr, to file a lawsuit against four U.S. states in the U.S. Supreme Court, in one of his final attempts to overturn the election before leaving office.

The Wall Street Journal reports late Saturday night that effort “failed due to pushback from his own appointees in the Justice Department, who refused to file what they viewed as a legally baseless lawsuit in the Supreme Court.”

The Journal also confirms Friday night’s New York Times reporting that Trump attempted to remove his own acting Attorney General, Jeffrey Rosen, after Barr left the DOJ just two days before Christmas.

According to the Journal, “senior department officials threatened to resign en masse should Mr. Trump fire then-acting Attorney General Jeffrey Rosen, according to several people familiar with the discussions.”

“Senior department officials, including Mr. Rosen, former Attorney General William Barr and former acting Solicitor General Jeffrey Wall refused to file the Supreme Court case, concluding that there was no basis to challenge the election outcome and that the federal government had no legal interest in whether Mr. Trump or Mr. Biden won the presidency,” the paper adds.

The paper does not specify the exact timeframe of when Trump tried to force DOJ to file the lawsuit, but based on its report it had to have been after December 11, when the Supreme Court dismissed what most election law attorneys considered a frivolous suit filed by Texas Attorney General Ken Paxton, along with other Republican state attorneys general.

This is a breaking news and developing story. 

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'DANGEROUS FOOLS'

GOP Leader Kevin McCarthy Says “Everyone” Is to Blame for Capitol Riots

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While Republican House Minority Leader Kevin McCarthy of California has previously said that he thinks former President Donald Trump bears some responsibility for the January 6 coup attempt in which his supporters ransacked the Capitol to overturn the election that he and Republicans baselessly claimed was stolen, McCarthy added in a Thursday interview, “I also think everybody across this country has some responsibility [for the coup attempt.]”

McCarthy then said that anti-Trump Democrats, rude social media users, unprepared law enforcement authorities were all responsible too, even though Trump literally told his followers on the morning of January 6 to march to the Capitol and fight to stop legislators from approving the election victory of now-President Joe Biden. 

“I think this is what we have to get to the bottom of, and when you start talking about who has responsibilities,” McCarthy said. “I think there’s going to be a lot more questions, a lot more answers we have to have in the coming future.”

It’s especially telling that his Senate counterpart, now-Senate Minority Leader Mitch McConnell has directly blamed Trump for the riots.

“The mob was fed lies,” McConnell said Wednesday. “They were provoked by the president and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like.” 

After months of making baseless claims that a national conspiracy of widespread voter fraud stole the election from him, a claim laughed out of courts 60 times over for lack of evidence by judges that Trump himself appointed, Trump held a “Stop the Steal” rally on the morning of January 6 in which he said, that he won the election “by a landslide” and encouraged his followers to “stop the steal” by going to the Capitol. If people don’t “fight like hell,” Trump said, “you’re not going to have a country anymore.”

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'ETHICS PROGRAM HAS BEEN RAZED TO THE GROUND'

Russia Explodes with Protests Against Putin Poisoning and Jailing His Biggest Opponent

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Russian citizens in 38 cities are protesting the country’s sham elections in which Russian President Vladimir Putin has felt so threatened by the opposition candidate, anti-corruption activist Alexei Navalny, that he has had him imprisoned and poisoned in an attempt to silence his voice and kill his movement.

The Russian presidential elections are a complete sham used to legitimate Putin’s power. In the last election, Putin “won” nearly 77 percent of the vote amid claims of ballot stuffing, the Kremlin choosing which candidates get to run, police arresting any anti-Putin protesters and pro-Putin candidates receiving far more financial backing than his opponents.

Navalny himself, a popular anti-corruption campaigner who is one of Putin’s most outspoken critics, according to The Week, has previously been barred from running due to a trumped-up and controversial fraud conviction allegedly masterminded by Putin. In August 2020, Navalny was poisoned with a nerve agent called Novichok and survived his hospitalization. Navalny has said he got a Russian federal agent to reveal how he was poisoned, though the Kremlin has denied any involvement.

Three days ago, Navalny was jailed once more for allegedly violating his parole. He now inhabits Matrosskaya Tishina or Sailor’s Silence, a jail in Moscow’s north-east region that has housed high-ranking prisoners that authorities have wanted to cut off from the outside world since the Soviet era, according to Reuters. The jail is notoriously deadly.

Russian citizens across the nation have seemingly had enough and have begun protesting his imprisonment, as the videos below attest. Hundreds have been arrested as police fight to maintain control.

The U.S. Embassy in Russia has weighed in by saying, “We’re watching reports of protests in 38 Russian cities, arrests of 350+ peaceful protesters and journalists. The U.S. supports the right of all people to peaceful protest, freedom of expression. Steps being taken by Russian authorities are suppressing those rights.”

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