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Federal Lawsuit Seeks License to Discriminate Against LGBT Workers Based on Religion, Anal Sex, Grindr Use

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June 15 will be the one-year anniversary of the U.S. Supreme Court’s landmark decision in Bostock v. Clayton County, holding that federal law prohibits employment discrimination against LGBTQ workers. 

As if to mark the occasion, a group of anti-LGBT activists and churches based in Texas asked a federal judge this week to issue a sweeping ruling that could seriously undermine Bostock. 

In its 6-3 decision last June, the high court affirmed that the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation and gender identity. The ruling upheld a position that the U.S. Equal Employment Opportunity Commission, which administers and enforces civil-rights laws, has taken since 2015. 

The Texas-based group, which includes hate-group leader Steve Hotze (pictured) as well as the U.S. Pastor Council, is seeking exemptions to both Bostock and EEOC policy that would allow employers to discriminate against LGBT workers based on sincerely held religious beliefs, under the federal Religious Freedom Restoration Act and/or the free-exercise clause of the First Amendment. 

“The plaintiffs have sincere and deeply held religious beliefs that marriage is limited to a man and a woman, that sex is to be reserved for marriage, and that men and women are to dress and behave in accordance with distinct and God-ordained, biological sexual identity,” the plaintiffs wrote in a brief filed Monday.  “Title VII, as interpreted in Bostock, requires that the plaintiffs operate their businesses contrary to their religious beliefs by denying them the ability to prescribe standards of conduct and deportment for their employees. At the same time, the plaintiffs believe that they are called by God to obey the civil authorities. So they are caught in a bind, and until this Court grants the declaratory relief that the plaintiffs seek, the plaintiffs have no way to avoid violating their religious beliefs.” 

Moreover, the plaintiffs allege, Bostock should not bar employers from enacting policies, for religious or non-religious reasons, that target “practicing homosexual and transgender individuals” based on homosexual or transgender conduct.”

“It is easy to imagine rules that comply with Bostock by applying equally to men and women, yet operate to exclude homosexual or transgender individuals from employment,” the plaintiffs wrote, before proposing the following examples: 

• “No employee, male or female, may enter a gay bar or gay bathhouse.”

• “No employee, male or female, may engage in the sexual practices associated with homosexuality.”

• “No employee, male or female, may engage in ‘deviate sexual intercourse,’ as that term is defined in section 25.02 of the Texas Penal Code.”

• “No employee, male or female, may use Grindr (or other dating apps used primarily by homosexuals).”

• “No employee, male or female, may seek or obtain hormone therapy unless it is prescribed for a medical condition other than gender dysphoria.”

• “No employee, male or female, may undergo surgery to modify their genitals, unless that surgery is needed for a medical condition other than gender dysphoria.” 

Elsewhere in the brief, the plaintiffs argue that Bostock should apply only to gay and transgender workers, and should not prohibit employers from discriminating against people of other sexual orientations, including bisexual folks. 

In addition to summary judgment and a permanent injunction against the EEOC, the plaintiffs are seeking class-action status for their lawsuit. And, sadly, they seem likely to prevail — at least at the district court level.

The case is in the Fort Worth division of the Northern District of Texas, which is presided over by U.S. District Judge Reed O’Connor, who is among the nation’s most notorious right-wing federal judges. O’Connor previously  issued high-profile decisions striking down the Affordable Care Act and gutting Obama-era transgender protections.

Back in February, after O’Connor initially allowed the Bostock religious exemption lawsuit to move forward, LGBTQ advocates slammed the decision. 

Adrian Shanker, executive director of Bradbury-Sullivan LGBT Community Center, told the Philadelphia Gay News: “Judge O’Connor’s ruling misrepresents the clarity the Supreme Court provided in Bostock in favor of unnecessary and harmful religious exemptions to basic civil rights protections. Conservatives like to complain about judicial activism. But Judge O’Connor is the poster child for it with his repetitively fringe rulings that only a far-right zealot would find sensible. His ruling is a reminder that it is so critical that Congress passes explicit federal non-discrimination protections this year.”

Justin F. Robinette, a civil-rights attorney, told the newspaper he is expecting “another unfavorable ruling from Judge O’Connor and potential appeals.”

“The underlying lawsuit is part of a worrisome trend of putative Christian groups reframing the enforcement of LGBT-inclusive antibias laws as a form of discrimination against their religion,” Robinette said. “They want to create a right to discriminate that — taken to its extreme — would exempt them from every civil law, including the civil rights laws and the recent Supreme Court ruling in Bostock.”

Attorneys representing the EEOC from the Department of Justice have not yet filed a response to the plaintiffs’ motion for summary judgment. You can read the plaintiffs’ brief in support of the motion below.

U.S. Pastor Council v. EEOC by John Wright on Scribd

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Reporters Reveal Some Republicans Don’t Understand What a Default Means – and Don’t Believe the Debt Ceiling Is Real

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CNN’s Jim Acosta and John Avlon compared notes on Republicans speaking on raising the debt ceiling over the weekend only to realize that the far-right members refuse to support the deal between Speaker Kevin McCarthy and President Joe Biden.

Acosta cited an interview he conducted Saturday with Rep. Tim Burchett (R-TN), who said he’s voted for shutdowns and would vote again this week.

After ranting about cutting spending, Acosta said, “Well, you can have the argument about cutting spending during the budget and appropriations process, but as you know, Congressman, the U.S. has never missed making payments on its bills before. In the last 45 years, Congress has raised the debt ceiling 65 times. So, again, I go back to the question: is it responsible — I understand what you’re saying about how much your daughter spends, but we’re not talking about $15. We’re talking about the American economy. Is it responsible to be the deciding vote to send the country into default?”

Burchett claimed that the country wasn’t going to be sent into default. He crafted a conspiracy that Treasury Secretary Janet Yellen kept changing the date the U.S. default would happen.

“Nobody is, as the young people say, nobody has provided the receipts. Nobody has called her into Washington and said, ‘Show us the math on this,'” he said.

Yellen works at the Treasury Department, which is in Washington.

Burchett also had his own math, saying that if they cut the budget spending to the 2022 levels, the country would be in a surplus. The House passed a massive defense spending package that would have required cuts from other places.

“All they’re doin’ right now is scarin’ people,” Burchett claimed. “They’re talkin’ about cutting programs that have no need other than political cronyism, we’re tellin’ our seniors — and the Democrats will, and I get it — they’re tellin’ the seniors they’re gonna be cut. Veterans are gonna be cut. And nothing can be farther (sic) from the truth. And that’s just the reality of politics.”

The reason Democrats were citing cuts to seniors and veterans goes back to the Republican Party budget bill that required cuts to seniors and veterans. That’s because returning to the 2022 budget levels means making cuts to increases already passed by Congress.

Acosta turned back to Burchett to ask if he believed the debt ceiling wasn’t real.

“I think the debt ceiling is — it’s just a creative thing to hold us into responsible — into check,” said Burchett.

Avlon cited Rep. Ralph Norman (R-SC), who claimed he refused to sign a bill that would bankrupt the economy.

“Well, hold it right there,” said Avlon. “I mean, if you let the country default on its debt, that’s functionally the same thing.”

An annoyed Avlon was frustrated the process was even something allowed to happen.

“It’s a fact, Congress has to control the pursestrings. So, frankly, someone should figure out the 14th Amendment side of this because I think this is not the way we’re supposed to play ball, the greatest nation in the world constantly every couple of years when there’s a Democratic president flirting with defaulting on our debt because it’s fiscal policy by extortion,” said Avlon. “This is a win to the extent that we came up to a bipartisan agreement, but this is not the way the greatest nation in the world should conduct its fiscal policy. It’s ridiculous. And it didn’t happen when Donald Trump was president because Democrats worked with Republicans to ensure the debt ceiling was raised three times.”

See the discussion below or at the link here.

Image: GOP Rep. Tim Burchett

 

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‘Start the Kevin McCarthy Death-Clock’ After Biden Wins Debt Ceiling Battle: Rick Wilson

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Appearing late Saturday night on MSNBC after it was announced that President Joe Biden and House Speaker Kevin McCarthy (R-CA) had reached an agreement “in principle’ on a budget deal, former GOP strategist Rick Wilson claimed this could be the beginning of the end for McCathy’s speakership.

Sitting in on a panel with guest host Michael Steele, Wilson suggested that McCarthy’s decision to compromise with the president to avoid a default that would spin the economy into chaos will not go over well with far-right members of his House caucus who could make a motion to “vacate the chair” to express their displeasure.

Asked by host Steel about what comes next, Wilson stated it was a win for the White House which will not make conservatives happy.

RELATED: ‘Crazy cuckoo MAGA people’ could sink debt ceiling deal: Dem strategist

“Great night for Joe Biden, great night for the White House even though I think their messaging has been kind of tentative the past few weeks” the Lincoln Project founder began. “I think though we are now going to start the Kevin McCarthy death-clock. He has certainly got a very angry part of his caucus tonight who probably burning up his phone no matter how good it is for the country not to default.”

“It’s not going to please the chaos caucus in the GOP,” he added.

Watch below or at the link:

 

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Debt Ceiling: McCarthy Faces ‘Lingering Anger’ and a Possible Revolt as Far-Right House Members Start Issuing Threats

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As House Speaker Kevin McCarthy (R-CA) continues to negotiate a deal to avoid a debt crisis, members of the far-right Freedom Caucus are growing furious with him over broken promises he made to them.

According to MSNBC political analyst Steve Benen, with a slim GOP majority in the House, McCarthy is walking a tightrope to get a budget deal passed and may need help from House Democrats if members of his caucus refuse to go along with him.

As Benen points out, in order to win the speakership McCarthy agreed to an easier path for a motion to “vacate the chair” which could end his tenure as Speaker. That could come into play if the Freedom Caucus stages a revolt.

“… as the negotiations approach an apparent finish line, the House Republicans’ most radical faction is learning that it isn’t likely to get everything its members demanded — and for the Freedom Caucus, that’s not going to work,” he wrote in his MSNBC column.

ALSO IN THE NEWS: Trump in danger of heightened espionage charges after bombshell report: legal expert

Citing a Washington Times report that stated, “[Freedom Caucus members] want everything from the debt limit bill passed by the House last month plus several new concessions from the White House,” Benen suggested far-right House Republicans are now issuing veiled threats.

In an interview, Rep. Chip Roy (R-TX) stated, “I am going to have to go have some blunt conversations with my colleagues and the leadership team. I don’t like the direction they are headed.”

With Politico reporting, “The [House Freedom Caucus] was already unlikely to support a final bipartisan deal, but lingering anger with Kevin McCarthy could have lasting implications on his speakership,” Benen added, “If this is simply a matter of lingering ill-will from members who come to believe that GOP leaders ‘caved,’ the practical consequences might be limited. But let’s also not forget that McCarthy, while begging his own members for their support during his protracted fight for the speaker’s gavel, agreed to tweak the motion-to-vacate-the-chair rules, which at least in theory, would make it easier for angry House Republicans to try to oust McCarthy from his leadership position.”

Adding the caveat that he is not predicting an imminent McCarthy ouster he added, “But if the scope of the Freedom Caucus’ discontent reaches a fever pitch, a hypothetical deal clears thanks to significant Democratic support, don’t be surprised if we all start hearing the phrase ‘vacate the chair” a lot more frequently.”

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