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Lighting a Short Fuse – the Chumph Goes After the LGBQT Community

In a tweet more likely aimed at diverting the public’s attention away from Chumph crimes and failure to pass legislation, the punk-in-charge decides to take on the most powerful minority in America – the LGBQT community.

Bad move.

Out trots whipping boy Sessions to defend the Chumph’s attack on Transgender Military personnel and to try and overturn Civil Rights Law banning discrimination against the LGBQT community.

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Trump Administration Argues Federal Civil Rights Law Does Not Protect Gay Employees

 

On Wednesday, the Department of Justice filed an amicus brief in the 2nd U.S. Circuit Court of Appeals arguing that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination against gay and bisexual employees. The DOJ’s brief was not solicited by the court or any party to the case. Rather, in an unusual move, the Trump administration elected to weigh in with an aggressively anti-gay stance, arguing that gay Americans have no protection against workplace discrimination under federal law. Its decision is unsurprising in light of Attorney General Jeff Sessions’ vigorous opposition to LGBTQ rights.

Title VII does not explicitly outlaw sexual orientation discrimination in employment. However, it does forbid “discrimination … because of sex.” which the Equal Employment Opportunity Commission interprets to encompass anti-gay discrimination. For at least 15 years, many federal courts have agreed, and in April, the 7th U.S. Circuit Court of Appeals ruled that Title VII does, indeed, protect gay employees. Both the 7thCircuit and the EEOC relied on three theories of sex discrimination:

1. “But-for” sex discrimination

This theory holds that anti-gay discrimination qualifies as sex discrimination because, but for the gay person’s sex, she would not be discriminated against. Imagine, for example, that a homophobic employer fires a female worker because she marries a woman. But for that worker’s sex, she wouldn’t have been fired: Her boss has no issue with men marrying women, only women marrying women. The employee’s sex was fundamental to the discrimination she suffered—so it can therefore aptly be described as sex discrimination.

2. Sex stereotyping

The Supreme Court held in 1989’s Price Waterhouse v. Hopkins that sex stereotyping is a form of sex discrimination. Thus, when an employer mistreats a worker because she fails to conform to certain gender norms, it has engaged in discrimination “because of sex.” Initially, sex stereotyping was applied to masculine women and feminine men. But as the 7th Circuit pointed out, gay people are “the ultimate case of failure to conform” to sex stereotypes, which, in America, have historically held that men should date only women and women should date only men. By intimately associating with people of the same sex, gay individuals violate this stereotype. And so, when they are discriminated against because of their sexual orientation, they have suffered sex stereotyping.

3. Associational sex discrimination

Under this theory, anti-gay bias constitutes sex discrimination in much the same way that anti-miscegenation laws constitute racial discrimination. The Supreme Court has held that when a state prohibits a white person from marrying a black person, it has engaged in discrimination because of race. Similarly, the 7th Circuit ruled that when an employer mistreats a gay person for associating with a partner of the same sex, it has engaged in discrimination “because of sex.” Consider, for instance, a gay man who places a photo of his husband on his desk at work, and is fired for it. In effect, his employer is punishing him for being a man and intimately associating with another man. Change the sex of one partner and the discrimination disappears. This reveals, as the 7th Circuit wrote, that “the discrimination rests on distinctions drawn according to sex.”

This fall, the full 2nd U.S. Circuit Court of Appeals will evaluate these theories after the circuit’s chief judge essentially urged the court to adopt them. It is this litigation that spurred the Justice Department to declare that Title VII does not, in fact, protect gay employees. (Under President Barack Obama, the agency took no position on the matter, although it did determine that Title VII protects transgender workers.) By filing this brief, the DOJ has created an odd situation in which one federal agency (the EEOC) disagrees with another (the Justice Department) in federal court.

The DOJ’s primary argument is that Congress’ failure to add “sexual orientation” to Title VII—either in 1964 or in the years since—proves that the law does not currently cover gay employees. This theory is rather strange because the absence of legislative action is not typically considered to be a useful tool of statutory interpretation. Congress’ failure to act could mean that it does not wish for Title VII to encompass sexual orientation. But it could also mean that Congress believes the law already protects gay employees. More than 125 members of Congress recently signed a brief asserting their belief that Title VII currently bars sexual orientation discrimination. At the very least, the absence of clear legislative guidance on the matter is obviously ambiguous.

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To repudiate the three theories of sex discrimination listed above, the DOJ deploys some extremely questionable logic:

  • In response to the “but-for” theory, it argues that homophobic employers discriminate against gay men and women equally, taking sex out of the equation. But sex cannot be removed from the equation. When an employer discriminates against a white woman for dating a black man or vice versa, it is still guilty of race discrimination: Race was obviously the key factor in its discrimination. Similarly, when an employer discriminates against a man for dating a man, it is guilty of sex discrimination, because sex was the foundational element of its bias.
  • In response to the sex stereotyping theory, the DOJ argues that gay men and lesbians may only raise a claim of sex stereotyping if they face discrimination because of their mannerisms—not because of their sexual orientation. So, according to the DOJ, a lesbian who “has masculine manners or clothing” may raise a sex stereotyping claim, but a traditionally feminine lesbian may not. Likewise, an effeminate gay man may suffer sex stereotyping, but a traditionally masculine gay man does not. To reach this conclusion, the DOJ asserts that employers may hold “moral beliefs” about sexuality that “need not be based on views about gender at all.” This argument simply defies logic. Homophobic employers may well hold “moral beliefs” about gay men and women. But those beliefs are always rooted in a stereotype about how men and women should behave.
  • In response to the associational discrimination theory, the DOJ argues that discrimination against gay people based on their intimate associations is unlike discrimination against interracial couples. The brief insists that discrimination against interracial couples is rooted in a belief that one race is superior to the other—and that true sex discrimination is similarly rooted in beliefs that one sex is “inferior.” But this presumption is utterly incoherent. Everyone knows that interracial marriage bans constitute race discrimination because they take the race of each partner into account. It’s no different with anti-gay discrimination: When an employer discriminates against a gay person, it is objecting to his intimate association with someone of the same sex. You simply cannot escape this fundamental sex-based consideration, which Title VII proscribes.

The left-leaning 2nd Circuit is almost certain to side with the EEOC and against the DOJ. But this fight is ultimately heading to the Supreme Court—and the Trump administration has now signaled loudly that it will encourage the justices to rule against gay employees. That may be disappointing to civil rights advocates, but it is not devastating to the cause. With arguments this unintelligible, the Justice Department seems unlikely to change anybody’s mind.

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That’s the Spirit! An Airline Terminal Brawl Over Cancelled Flights

Spirit Airline cancelled 9 Flights, and delayed 29 others…

The paying public was not happy.

Another “Happy Passenger” expressed his disgust by giving the CEO of Qantas Airlines…

A pie in the face!

 
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Posted by on May 15, 2017 in American Greed

 

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Roland Martin Takes Bill O’Reilly to School on Black Patriotism

This is fun!

 

 
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Posted by on September 16, 2016 in Black History, Faux News, The Definition of Racism

 

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Trumposity! The Donald Announces Fellow Republican John McCain “Not a war hero”!

The Clown Bus theater gets better every single day!

The bombastic bloviate and presidential candidate in his own mind, announces that John McCain “is not a war hero”.

McCain earned the Silver Star, Bronze Star, Purple Heart and Distinguished Flying Cross, being held in the infamous “Hanoi Hilton” for over 5 years – tortured and beaten almost daily..

He may not be the brightest bulb in the pack (he graduated 5th from the bottom of his Naval Academy class) but the guy served as a pilot in Vietnam, and was shot down bombing Hanoi… He certainly is no coward.

Trump’s opinion at 1:49.

 
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Posted by on July 18, 2015 in The Clown Bus

 

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The New Obama Model… With a Backbone

If they are wearing that uniform - they deserve a little love and respect from the rest of us.

President Obama siad something last night that the so-called commentators in the MSM should have been shouting from the rafters –

“We don’t believe in the kind of smallness that says it’s okay for a stage full of political leaders — one of whom could end up being the president of the United States — being silent when an American soldier is booed. We don’t believe in that,” said Obama to loud cheers and a standing ovation.

“We don’t believe in standing silent when that happens. We don’t believe in them being silent since. You want to be commander in chief? You can start by standing up for the men and women who wear the uniform of the United States, even when it’s not politically convenient. We don’t believe in a small America. We believe in a big America — a tolerant America, a just America, an equal America — that values the service of every patriot.”

Obama needs to include this in every speech. The inaction by the 8 people standing on that stage at the Republican Debate is despicable, and shows just how little of their opposition to President Obama, and their morality is based on any legitimate desire for change in policies. The 8 Republican dwarfs are nothing more than a pack of cheap political whores who would sell our service members down the river at a moments notice. Further – the Tea Party isn’t about America…It’s about racism, divisiveness, and hate.

 

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Cory Booker – The Twitter King!

Cory Booker is one of the new generation of black politicians who is going places. And he is doing it the old fashioned way by working – sometimes with shovel in hand – for his constituents.

Notice to other Mayors – “Don’t try this in your city – these are trained Tweeting professionals!”

Hizzoner On the Job!

Cory Booker: The Mayor of Twitter and Superhero of the Blizzard

 

If you’re a mayor of a northeastern U.S. city, you probably despise Cory Booker right now, because the tweeting mayor of Newark, N.J., is now a social-media superhero, able to move towering snowbanks in a single push — or by sending the shovels and plows your way.

After a blizzard started blanketing the Northeast on Dec. 26, an event that earned the Twitter hashtag #snowpocalypse, Booker turned the microblogging site into a public-service tool. Residents of the city, which has a population of around 280,000, swarmed Booker’s account (@CoryBooker) with requests for help, and the mayor responded. He and his staff have bounced around Newark shoveling streets and sending plows to areas where residents said they were still snowed in. “Just doug [sic] a car out on Springfield Ave and broke the cardinal rule: ‘Lift with your Knees!!’ I think I left part of my back back there,” he reported in one message. One person let Booker know, via Twitter, that the snowy streets were preventing his sister from buying diapers. About an hour later, Booker was at the sister’s door, diapers in hand. Read the rest of this entry »

 
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Posted by on December 29, 2010 in The Post-Racial Life

 

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Islamic Services At The Pentagon

American soldiers come in all colors, they can be from anywhere and are a cross section of the peoples from all of the varied places Americans come from…

American Muslim Soldiers at Prayers

At Pentagon 9/11 site, Muslims pray without objection

Inside the Pentagon 9/11 Memorial Chapel, a female Air Force sergeant unlaced her combat boots, set them under the pews and slipped her black veil around her hair and over her camouflaged uniform.

The men pushed back the altar for Christian services to make room for their large green prayer rugs; then they moved the podium from one side of the room to the other so that the congregation would be facing Mecca.

“Allah akhbar,” called out Ali Mohammed, a contractor who works at the Pentagon, raising his hands to his face as he chanted the call to prayer. While politicians and others across the country in an election year debate the propriety of building a Muslim center, including a mosque, two blocks from the former World Trade Center site in New York, there’s no sign of such debate at the Pentagon.

Instead, about 400 worshipers, including Muslims, attend prayer services every week in the chapel, a non-denominational facility built over the rubble left behind when American Airlines Flight 77 slammed into the Pentagon.

Opponents of the New York mosque say it would be disrespectful of those killed on Sept. 11, 2001, to allow Muslims to pray near the World Trade Center site.

That’s never been an issue at the Pentagon, where 125 people who worked there died that day. Muslims have been praying at the Pentagon’s chapel since 2002, gathering every day at 2 p.m. around the time of the second of five prayers Muslims are supposed to offer daily. Read the rest of this entry »

 
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Posted by on August 23, 2010 in Domestic terrorism

 

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