In another distressing sign of the times, the Supreme Court will hear arguments in a case to decide whether or not LGBTQ people are protected under Title VII of the Civil Rights Act. Those protections will determine the legality of firing an employee for being queer.
“The issue for the court is the reach of Title VII of the Civil Rights Act of 1964, which, besides protecting against workplace discrimination because of race, also prohibits discrimination ‘because of sex,’ reports The Washington Post. “For 50 years, courts read that to mean only that women could not be treated worse than men, and vice versa, not that discrimination on the basis of sex included LGBTQ individuals. The Trump administration says that is what the Supreme Court should find as well.”
Related: Arizona Supreme Court allows business to discriminate against gay couples
Needless to say, the final decision of the court will have far-reaching consequences for LGBTQ Americans, especially in the hostile climate of the Trump era. Donald Trump has already appointed two Supreme Court Justices–Neil Gorsuch and Brett Kavanaugh–making the court rightward leaning.
The court will rule on three different cases, which will determine the protections of Title VII for LGBTQ Americans. One of those cases, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, concerns a woman fired from her job at a funeral home after coming out as transgender. The other two cases, Altitude Express v. Zarda and Bostock v. Clayton County, resulted from employees losing their jobs for being gay. In the cases of Zarda and Harris Funeral Homes, appeals courts ruled that Title VII does cover LGBTQ protections. Thus, the employees in question were wrongfully terminated.
In the case of Bostock, a Court of Appeals ruled that Title VII protections do not apply to queer Americans.
Cam
To summarize. Republicans and right wing Christians, want to make it legal to fire any LGBT person and claim it is a protected religious act.
They want to legalize bigotry.
PLAYS WELL WITH OTHERS
Yet another component of the faustian bargain this misadministration has made with the vile abhorrent reprehensive right wing Evangelicals…
They wallow in hatred and bigotry, they can no longer spew their venom openly at Blacks, Jews, Hispanics and others. They are given over openly and through dog whistles through comments, appointments and rule changes ..
In sum there is a very real possibility that it will soon be the law of the land in this country that Gays will actually be denied basic rights such as employment, housing, and most terrifying basic AND emergency health care …
I somehow have hope that Justice Roberts will rule in our favor based on past decisions. However we may soon wake up in a very dark place for many members of the Gay community..
Doug
When are these hearings supposed to happen? I’ve been reading about it for months.
Kangol2
The oral arguments are underway now. According to court reports today, Gorsuch asked a question that suggests he may be the 5th vote, with the 4 centrist-liberal judges, to bar anti-gay discrimination. But we’re on the knife’s edge here.
onthisday
How can this be accepted? By being who you are you have less rights? It’s not a statement of belief, it a statement of bigotry, of hatred and fear. God knows where we will all be in 10 years.
If you accept this can be even questioned, give yourself a shake then find some strength and fight back! In so many ways things are more inclusive but in as many ways we are no further forward.
PLAYS WELL WITH OTHERS
I did not CHOOSE to be Gay. Practicing and adhering to the tenants of a religion is a CHOICE…
My RIGHTS as a citizen of the United States trump your BELIEFS as a member of a religion…
fur_hunter
Thank you. You are correct.
Jaroslaw
Plays Well – Freedom of religion is explicitly mentioned in the constitution. Free to be “anything” is not. That said, marriage equality and many other decisions affirming specifically the rights of LGB (not sure about TQ) should trump the administration’s claims.
fur_hunter
The only businesses where religion can play a role are ones run and under the sanctions of a religion. If you are ANY other business, not having religious ties, you are subject to laws and rulings established by state and federal governments….and your religious beliefs are left at the door or at home. It’s called Separation of Church and State. You were supposed to have learned about it in your US Government high school class. No religion is to have ANY influence over making ANY governmental laws or rulings. This is a principle established by the Founding Fathers. If you don’t know this, go back and take your high school US Government class again….and listen and learn this time.
Aires the Ram
@fur_hunter: Yes, you are correct. I would like to add, that 30-some States have no protections in place for gay/lesbian workers. They don’t have any laws on the books condoning employment/housing discrimination, but by default, it happens in those states. State laws must be amendmended. BUT, I have confidence the Supreme Court will rule in favor of dis-allowing this kind of discrimination anywhere in the country, as happened with marriage equality. The Supreme Court ruling there, overruled the State laws forbidding it. I think Roberts & Kavanau will vote in our direction. We will see.
lcandela123
Does the legal issue here boil down to whether Title VII applies? It is a a weird argument on our side that LGBT discrimination is equivalent to sex discrimination. Aren’t the two distinct? Maybe we need an overt anti-LGBT anti-discrimination law.
Keep the faith. It is coming. I am pessimistic about this Supreme Court case.
Aires the Ram
@Icandela123: Very good question, it is essentially what is at issue. Does Title VII apply? They will decide. If they decide the title doesn’t apply, then yes, they’ll need to be anti-discrimination laws established. I believe it should be done at the State level, but as in Equal Marriage, the Supreme Court had to intervene. We will see.
Billysees
Why would anyone want to ‘not hire’ or ‘dismiss someone’ from the LGBT community considering the following —
The LGBT Community represents a valuable pool of talent, knowledge, skills and abilities, qualities too important to ignore.