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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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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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