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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

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BIGOTRY

Texas to Investigate Anonymous Complaint Teachers Used Trans Student’s Pronouns

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After a Moms for Liberty member claimed that teachers at a Texas high school used a trans student’s new name and proper pronouns, Republican Gov. Greg Abbott ordered an investigation.

On February 13, Denise Bell of the right wing, anti-LGBTQ group Moms for Liberty, addressed the Houston Independent School Board. She read a statement that she said came from the parents of a trans student at Bellaire High School. The parents were upset that teachers used the student’s new name and pronouns, according to Erin in the Morning. The anonymous statement Bell read said that the change happened without parental consent, and “goes against our Christian faith, the advice of [their] therapist and quite frankly common sense.”

Bell then claimed that the school district was “purposely and secretively transitioning minors.”

READ MORE: GOP Candidate Complaining She Wasn’t Allowed to ‘Have Kids Laugh At’ Transgender Students in Viral Video Draws Rebuke

State Representative Steve Toth—who represents a different district than the school is in—informed Abbott of the complaint in a letter on February 26. Two weeks later, Abbott replied to Toth’s letter, revealing he told the Texas Education Agency to investigate the Bellaire High School, accusing the teachers of helping “to ‘socially transition’ a student—violating the express wishes of the child’s mother,” which Abbott called “inappropriate and potentially unlawful.”

Abbott directed the TEA to not just determine whether or not the teachers did indeed use the trans student’s name and pronouns, but also open a full investigation into the school. TEA was told to find out if the school had also violated “policies concerning sexual education curriculum, parental consent for communications with students, mental health services or guidance to students, and parent grievances”; if any school employees had “engaged in misconduct”; and whether any student “has been subjected to abuse or neglect.”

That last one has a footnote on “abuse or neglect,” referring to a statement from President Donald Trump’s March 4 speech in front of a joint session of Congress:

“A few years ago, January Littlejohn and her husband discovered that their daughter’s school had secretly socially transitioned their 13-year-old little girl. Teachers and administrators conspired to deceive January and her husband, while encouraging her daughter to use a new name and pronouns—‘they/them’ pronouns, actually—all without telling January, who is here tonight and is now a courageous advocate against this form of child abuse.”

This is not the first time Abbott and his administration have attacked the state’s trans community. In his “State of the State Address” this year, he said that teachers who discuss gender transition with students should be fired, according to KTRK-TV. Texas has also banned trans students from sports as well as the use of puberty blockers in cases of minors experiencing gender dysphoria, according to the Houston Chronicle.

Image via Shutterstock

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AMERICA FIRST?

Tim Walz: ‘Racism’ Motivates MAGA Movement to Pardon Derek Chauvin

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Minnesota Governor Tim Walz didn’t mince words when asked what the motivation was for the new movement among MAGA Republicans to convince President Donald Trump to pardon Derek Chauvin, the former police officer who killed George Floyd in 2020.

“Racism. It’s racist. OK? That’s what I believe,” Walz said in an interview with Semafor published Wednesday.

The calls to pardon Chauvin started with an online petition earlier this month, according to The Independent. The pardon push picked up steam this week when conservative commentator Ben Shapiro of the Daily Wire launched a webseries, “The Case of Derek Chauvin.” Shapiro claims the officer was convicted on “extraordinarily scanty evidence,” saying Floyd did not die from having Chauvin’s knee on his neck for over nine minutes, but rather from drugs in Floyd’s system and heart disease.

READ MORE: Derek Chauvin Sentenced to 22-and-a-Half Years for Murder of George Floyd – Less Than Maximum Possible Sentence

Walz, however, disputes this interpretation of events.

“This was a man who murdered George Floyd on TV,” Walz said, adding that a pardon “would undermine the faith in the system.”

The White House, however, has denied that a Chauvin pardon is in Trump’s plans. Earlier this month, Trump said he hadn’t even heard about a push to pardon Floyd’s killer, and on Wednesday, Press Secretary Karoline Leavitt repeated that a pardon is “not something he’s considering at this time,” according to The Grio.

However, some commentators, like The Hill’s Juan Williams are skeptical, pointing out that Trump has pardoned two police officers convicted of killing a Black man in the first days of his second term.

In 2020, after the killing, Trump condemned Chauvin.

“We all saw what we saw. It’s hard to conceive anything other than what we did see. It should have never happened,” Trump said.

If Trump were to pardon Chauvin, it would be largely moot. Presidents can only pardon those convicted on federal charges. Chauvin was convicted on both federal and Minnesota state charges. In the event Trump cleared the federal charges, the main thing that would happen is that Chauvin would be moved from the federal prison in Big Spring, Texas to a Minnesota state prison.

Minnesota sentenced Chauvin to 22 and a half years for murder; on the federal level, he was sentenced to 21 years for violating Floyd’s civil rights. Barring a federal pardon, the two sentences are running concurrently, not consecutively.

Image via Shutterstock

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BAD PRESIDENT

Biden ‘Strongly Opposes’ Measure of Bill Stripping Rights from Trans Kids, Signs It Anyway

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President Joe Biden said he “strongly opposes” a section of a bill that would strip funding for gender care for trans kids in military families, but signed it anyway.

The National Defense Authorization Act gives $895 billion to the Department of Defense, State Department, Department of Homeland Security and intelligence agencies, as well as national security programs at the Department of Energy. The bill was passed with bipartisan support in the House and Senate.

Normally, this would be a straightforward funding bill, but earlier this month, Speaker of the House Mike Johnson (R-La.) added a provision blocking TRICARE, which funds health care for service members, from paying for gender-affirming care for children. This will affect approximately 2,500 trans kids, according to Newsweek.

READ MORE: Lone Dissenter Calls Texas Supreme Court Transgender Ruling ‘Cruel, Unconstitutional’

Biden signed the bill on Monday, although called out that section in a statement.

“My Administration strongly opposes Division A, title VII, subtitle A, section 708 of the Act, which inhibits the Department of Defense’s ability to treat all persons equally under the law, no matter their gender identity.  By prohibiting the use of appropriated funds, the Department of Defense will be compelled to contravene clinical practice guidelines and clinical recommendations,” Biden wrote.

“The provision targets a group based on that group’s gender identity and interferes with parents’ roles to determine the best care for their children.  This section undermines our all-volunteer military’s ability to recruit and retain the finest fighting force the world has ever known by denying health care coverage to thousands of our service members’ children.  No service member should have to decide between their family’s health care access and their call to serve our Nation,” he continued.

The news created quick backlash, with people calling out what they see as hypocrisy and a failure to protect trans kids.

“And just like that, the first anti LGBTQ bill in nearly 3 decades was signed by Biden and passed by a Democratic senate. It included a ban on gender affirming care for trans children of military families. So much for having our back, you god damn liar,” journalist Alejandra Caraballo wrote on the social media platform Bluesky.

And just like that, the first anti LGBTQ bill in nearly 3 decades was signed by Biden and passed by a Democratic senate. It included a ban on gender affirming care for trans children of military families. So much for having our back, you god damn liar. www.whitehouse.gov/briefing-roo…

Alejandra Caraballo (@esqueer.net) 2024-12-24T13:11:07.737Z

Caraballo is referring to the “Don’t Ask Don’t Tell” policy signed by President Bill Clinton in 1993. While allowing LGBTQ people to serve in the military, it prohibited them from talking about or expressing their queerness, even while off duty. Military officials were, however, also prohibited from asking if a service member was gay. “Don’t Ask, Don’t Tell” was repealed by President Barack Obama in 2010.

In the wake of anti-trans ads from Republican candidates in the 2024 election, Democrats have been accused of moving to dump transgender rights from their platform. Some elected Democrats have even called out the party’s prior embrace of LGBTQ rights.

“The Democrats have to stop pandering to the far left,” Rep. Tom Suozzi (D-N.Y.) told the New York Times. “I don’t want to discriminate against anybody, but I don’t think biological boys should be playing in girls’ sports.” He then offered some advice to his party: “Democrats aren’t saying that, and they should be.”

“Democrats spend way too much time trying not to offend anyone rather than being brutally honest about the challenges many Americans face,” Rep. Seth Moulton, (D-Mass.) said. “I have two little girls, I don’t want them getting run over on a playing field by a male or formerly male athlete, but as a Democrat I’m supposed to be afraid to say that.”

The minimal pushback on the National Defense Authorization Act is just another signal that Democrats are backing down on defending one of the most vulnerable populations in American society.

Image via Shutterstock

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