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Trump Administration Urges US Supreme Court to Declare Firing a Worker for Being Gay Is Legal

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The Trump administration has just urged the U.S. Supreme Court to rule that firing an employee simply because they are gay is perfectly legal. The request comes in the form of a 34-page amicus brief, which was not required, but voluntary.

The brief, signed by Trump Solicitor General Noel Francisco, tells the Court it is the opinion of the administration’s Dept. of Justice that a “plain text” reading of the Civil Rights Act of 1964 does not protect gay people in the workplace from discrimination, including firing for being gay, as The Washington Blade, which was first to report, notes.

“The question here is not whether Title VII should forbid employment discrimination because of sexual orientation, but whether it already does,” the brief says. “The statute’s plain text makes clear that it does not; discrimination because of ‘sex’ forbids treating members of one sex worse than similarly situated members of the other — and discrimination on the basis of sexual orientation, standing alone, does not result in such treatment.”

President Trump has also stated he will not sign the Equality Act, which would specify that the Civil Rights of Act of 1964 does protect LGBTQ people from discrimination.

The Supreme Court will hear three cases related to anti-LGBTQ discrimination on October 8.

The move is consistent with the entirety of the Trump administration’s policies and actions.

Just ten days ago the Dept. of Justice tried to strong-arm the Equal Employment opportunity Commission to set aside up to eight years of findings and rulings and support the DOJ’s position firing LGBTQ workers is legal.

One week ago the DOJ in similar fashion urged the Supreme Court to rule that firing transgender workers is legal.

And on August 14 the Trump Dept. of Labor moved to prioritize the rights of so-called “religion-exercising organizations” over those of LGBTQ workers. The DOL offered a new proposal that appears to be a roadmap which faith-based organizations claiming to have religious beliefs or moral convictions can use to protect themselves from charges of discrimination.

As NCRM has reported previously, the Trump administration is the most anti-LGBT administration in modern U.S. history.

 

Image by Ted Eytan via Flickr and a CC license

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

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BIGOTRY

SCOTUS Turns Down Kim Davis but Clarence Thomas Pens Scathing Attack Suggesting Same-Sex Marriage Must Be Overturned

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Former Rowan County, Kentucky clerk Kim Davis won’t get a hearing from the U.S. Supreme Court. A case against her, brought by several same-sex couples she refused to grant marriage licenses to, was rejected Monday by the country’s top court.

But ultra-conservative Justice Clarence Thomas took the opportunity to attack the court’s landmark Obergefell case, which found the Constitution allows same-sex couples the same rights and responsibilities of marriage as their different-sex peers.

Thomas, who has a direct line into the White House via his activist and lobbyist wife Ginni Thomas, slammed the decision, suggesting the case should be overturned, as Slate’s Mark Joseph Stern reports.

Why?

“Religious liberty.”

Thomas claims Kim Davis “may have been one of the first victims of this Court’s cavalier treatment of religion in its Obergefell decision, but she will not be the last.”

His words are scathing, and a direct assault on equality.

“Due to Obergefell, those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul of Obergefell and its effect on other antidiscrimination laws,” claims Thomas, five years after the decision.

“It would be one thing if recognition for same-sex marriage had been debated and adopted through the democratic process, with the people deciding not to provide statutory protections for religious liberty under state law,” he adds. “But it is quite another when the Court forces that choice upon society through its creation of atextual constitutional rights and its ungenerous interpretation of the Free Exercise Clause, leaving those with religious objections in the lurch.”

At the time of the Obergefell decision, same-sex marriage was supported by six out of 10 Americans.

In the 2015 Obergefell case, Justice Thomas writes, “the Court read a right to same-sex marriage into the Fourteenth Amendment, even though that right is found nowhere in the text.”

Thomas is a textualist, or originalist, adhering to conservatves’ pseudo-theory created in the 1980’s that claims the Constitution is not a living document, written broadly to stand the test of time. Rather, they believe it must be interpreted as the Founders conceived, with the words being interpreted exactly as the document’s authors intended.

(Textualism, or originalism, has been called “a scam” and Thomas has been blasted for “his hypocrisy” surrounding it.)

“Several Members of the Court noted that the Court’s decision would threaten the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman. If the States had been allowed to resolve this question through legislation, they could have included accommodations for those who hold these religious beliefs,” Thomas writes.

“The Court, however, bypassed that democratic process. Worse still, though it briefly acknowledged that those with sincerely held religious objections to same-sex marriage are often ‘decent and honorable,'” he continues, “the Court went on to suggest that those beliefs espoused a bigoted worldview.”

Believing that LGBTQ people are not equal to non-LGBTQ people is the very definition of bigotry.

Justice Thomas uses the word “bigot” four times in his dissent, which was joined by Justice Samuel Alito.

Senate Majority Leader Mitch McConnell is attempting to force through the nomination of Judge Amy Coney Barrett, giving the Court a 6-3 conservative super-majority.

Image by Thomas Cizauskas via Flickr and a CC license

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BIGOTRY

Trump Administration to Allow Taxpayer-Funded Shelter Providers to Ban Homeless Transgender People, Because Jesus

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The Trump Dept. of Housing and Urban Development late on Wednesday moved to roll back an Obama-era regulation that bans discrimination by taxpayer-funded shelter providers against transgender people. HUD Secretary Ben Carson wants to allow anti-transgender discrimination under the guise of religious freedom.

A statement on the HUD website filled with coded language says the proposed new rule “Returns Decision Making to Local Shelter Providers,” to allow them to “establish an admissions policy that best serves their unique communities,” and “better accommodate [the] religious beliefs of shelter providers.”

In reality, the new rule would allow taxpayers to fund anti-transgender discrimination fueled by religious-based bigotry, with the federal government’s stamp of approval.

The move comes during an out of control pandemic, amid an unstable economy, and worse-than Great Depression-era unemployment.

“This important update will empower shelter providers to set policies that align with their missions, like safeguarding victims of domestic violence or human trafficking,” Secretary Carson said in the statement.

In reality, the new rule would remove protections for one of the most vulnerable populations in America, the transgender community. At some point in their lives one in five transgender people experience homelessness.

“Transgender and gender non-binary adults are more likely than cisgender adults to experience unsheltered homelessness,” CBS News notes, adding that “according to the National Alliance to End Homelessness, and transgender youth ‘make up a significant portion’ of homeless youth in the U.S.”

The move is yet another example of the Trump administration’s never-ending attacks on transgender Americans.

This month marks the third anniversary of President Trump’s infamous decision to ban transgender service members from the U.S. Military, which he did without consultation with the heads of the military services, and via tweet.

Last month Trump’s Dept. of Health and Human Services rolled back Obama-era protections for transgender patients, calling them “unnecessary.”

Last year Trump’s Dept. of Justice asked the Supreme Court to rule it is legal to fire transgender workers just because they are transgender. The Court last month decided it is illegal to do so.

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BIGOTRY

A Defeated Donald Trump Declares ‘We Live’ After Historic SCOTUS Ruling on LGBTQ Workplace Discrimination (Video)

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President Donald Trump, whose administration lobbied the Supreme Court to deny LGBTQ people civil rights, on Monday lamented the high court’s landmark ruling that finds workplace discrimination against gay and transgender Americans is illegal.

“They’ve ruled and we live with the decision,” Trump said, defeated and somewhat sad. “We live with the decision of the Supreme Court.”

This is the first time Trump has weighed in on the historic ruling. It took him more than six hours to say anything, and he only did after being asked about it by a reporter.

The President also claimed he had read the 170+ pages decision handed down just after 10 AM Monday.

“Very powerful decision, actually,” he added. “They have so ruled.”

In 2017 Trump’s DOJ told a federal appeals court the Civil Rights Act of 1964 does not protect “homosexuals” from discrimination.

Last year Trump Solicitor General Noel Francisco told the Supreme Court it is the opinion of the administration’s Dept. of Justice that a “plain text” reading of the Civil Rights Act of 1964 does not protect gay people in the workplace from discrimination, including firing for being gay or transgender.

The Supreme Court on Monday ruled it does.

Trump, who is the most anti-LGBTQ president in American history – at least modern American history, has repeatedly refused to sign the Equality Act, which the House has already passed.

Watch:

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