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.
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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Shadowy Right Wing Group One Step Closer to Overturning Arizona City’s New LGBTQ Civil Rights Protections
A group hiding behind a two-page website that lists no actual persons or physical address has submitted enough signatures to get a repeal of Mesa, Arizona’s new LGBTQ civil rights protections law onto the ballot for the November 2022 election.
According to news reports no one seems to know who founded United for Mesa, a Political Action Committee created days after the Mesa City Council passed the non-discrimination ordinance. The website lists an email address, phone number, and P.O. Box.
“Give the People a Voice,” the website urges, meaning they believe citizens should vote on civil rights, something studies show overwhelmingly ends with the majority voting to deprive the minority of equal rights. It also claims the “Mesa City Council just passed an ordinance WITHOUT THE CONSENT OF MESA RESIDENTS,” which is false. In a representative democracy, citizens elect leaders to make these very decisions for them.
Calling the group “below-the-radar, with no official leaders or posted public meetings,” the East Valley Tribune reported last month that “Unofficial leaders like Barbara R. Parker rallied like-minded troops via Facebook and other outlets.”
“Thank you to every petition signer and gatherer who helped save Mesa!” Parker posted Thursday night.
“Thank the Lord! I have never seen so many people working so hard to get signatures,” wrote Paula Smith in a comment to Parker’s post. “It’s been amazing! I’m so thankful everyone’s hard work paid off!”
“Thank you everyone for going the extra distance, so we may all have a voice in such an important decision,” added Charmon Puhlmann, a bus driver for Mesa Public Schools.
Political consultant George Khalaf’s firm, The Arizona Republic reports, “is leading the referendum effort against the ordinance,” but it does not mention what, if any, relationship he has with United for Mesa.
Last year the Arizona Capitol Times reported Khalaf was a political consultant to Republican state Representative Nancy Barto, in an article discussing an anti-transgender bill.
An email to United for Mesa did not receive a response by press time.
Florida One Step Closer to Banning Trans Girls From Sports With Bill Providing for ‘Reproductive Anatomy’ Examination
Florida House Republicans have passed legislation that bans transgender girls from participating in girl’s sports, and allows anyone to dispute a student’s gender, which would legally result in an examination of “student’s reproductive anatomy.”
“Athletic teams or sports designated for females, women, or girls may not be open to students of the male sex,” the legislation reads. The intent is to ban transgender girls or women on the “basis of students’ biological sex.”
The bill also says that if there is any “dispute” about a student athletes’ “biological sex,” it “shall be resolved by the student’s school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student’s personal health care provider which must verify the student’s biological sex.”
“The health care provider may verify the student’s biological sex as part of a routine sports physical examination by relying only on one or more of the following: The student’s reproductive anatomy; The student’s genetic makeup; or The student’s normal endogenously produced testosterone levels.”
The legislation does not define “dispute,” who gets to file a dispute, or by what method a dispute should be filed or with what entity, or who has to pay for the exam. It leaves all that up to the State Board of Education.
In theory, a student who didn’t make the team and were to blame anyone who did could file a dispute and force that student athlete to have a genital examination.
House Republicans killed 18 proposed amendments, including one that would have removed the section providing for examination of a student’s reproductive anatomy.
The legislation, sponsored by Republican Rep.. Kaylee Tuck (photo) must now go to the Senate, which also has a 24-16 GOP majority. If it passes, 2024 Republican presidential hopeful, Governor Ron DeSantis, would have to sign it into law.
AZ Lawmakers Ban Teaching About ‘Sexual Orientation, Gender Identity, or Gender Expression’ Without Parental Consent
Lawmakers in the Arizona House and Senate have passed legislation that bans teaching students anything about “sexual orientation, gender identity, or gender expression” without first getting signed permission from a parent.
That means teaching about, for example, artist and Renaissance man Leonardo da Vinci, astronaut Sally Ride, the founder of computer science, Alan Turing, or the late First Lady Eleanor Roosevelt – all of whom were LGBTQ – requires signed consent from a student’s parent.
In addition, sex education, should Republican Governor Doug Ducey sign SB 1456 into law, will also be banned until students reach fifth grade. After that, any teaching about “sexual orientation, gender identity, or gender expression,” requires “written consent from a student’s parent or guardian.”
The bill is so poorly written that a plain reading of it means that any teaching or discussion of sexual orientation requires advanced consent from the parent. Sexual orientation includes heterosexuality, which means that any teaching about, for example, heterosexual marriages.
The bill updates current law to read: “A public educational institution shall obtain signed, written consent from a student’s parent or guardian before…PROVIDING SEX EDUCATION INSTRUCTION OR INSTRUCTION REGARDING SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER EXPRESSION TO THE STUDENT. WHEN THE PUBLIC EDUCATIONAL INSTITUTION SEEKS CONSENT, IT SHALL AT THE SAME TIME INFORM THE STUDENT’S PARENT OR GUARDIAN OF THE PARENT OR GUARDIAN’S RIGHT TO REVIEW THE INSTRUCTIONAL MATERIALS AND ACTIVITIES.”
Also requiring written consent: any teaching about HIV/AIDS.
The ACLU says the legislation stigmatizes LGBTQ students:
Two years ago, we hoped that the Arizona Legislature was taking a step away from bigoted measures like Arizona’s “No Promo Homo” law that harmed and stigmatized LGBTQ students.
We were sadly mistaken. pic.twitter.com/j3r2xkEeqc
— ACLU of Arizona (@ACLUaz) April 14, 2021
The bill may be unconstitutional, and likely violates Biden administration policy, meaning the Dept. of Education could sue the state and withhold education funding.
This is a breaking news and developing story. Details may change.
Image: Eleanor Roosevelt holding poster of the Universal Declaration of Human Rights (in English), Lake Success, New York. November 1949. Photo by FDR Presidential Library & Museum via Flickr and a CC license
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