Another big loss for the Trump and friends.
The U.S. Court of Appeals for the 2nd Circuit just overruled the Trump administration’s claims that it’s totally 100% legal to fire somebody for being gay, ruling that civil rights laws protect gay people from workplace discrimination.
The case involves former skydiving instructor Donald Zarda claimed his former employer, Altitude Express Inc., fired him for being gay.
According to court documents, Zarda was terminated from his job as a skydiving instructor in 2010 after being subjected to homophobic jokes from his coworkers and complaints from a female client.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
Racist homophobe Attorney General Jeff Sessions tried arguing that the civil rights provision, Title VII of the Civil Rights Act of 1964, doesn’t protect gay people.
Well, the court just rebuked those claims, making for a historic moment in the LGBTQ community.
Related: This banker was fired right after sharing his engagement photos online
The judges said, “We now hold that sexual orientation discrimination constitutes a form of discrimination ‘because of sex’, in violation of Title VII.”
“We therefore vacate the district court’s judgment on the Title VII claim and remand for further proceedings consistent with this opinion.”
They continued: “The Supreme Court has held that Title VII prohibits not just discrimination based on sex itself, but also discrimination based on traits that are a function of sex, such as life expectancy, and non?conformity with gender norms.”
Sadly, Zarda was not able to see the victory. He passed away in a skydiving accident shortly after the litigation against his former employer began.
Bill Moore, a co-executor of Mr. Zarda’s estate, called the ruling “a wonderful step forward” for LGBTQ rights.
“Today’s victory is a wonderful step forward for the country as a growing number of Americans take a stand against anti-L.G.B.T.Q. employment discrimination,” he said in a statement. “I wish Don were here to see how he and his case have advanced the movement for LGBTQ equality.”
Related: NYC waiter claims he was fired from Buddakan for being HIV-positive
KaiserVonScheiss
Explain to me how biological sex, and aspects related to it (like pregnancy), protect sexual orientation.
This appears to be a misreading of the Civil Rights Act of 1964.
Note: believing in originalism does not make one support discrimination against gay people (regardless of what some may claim). A judge’s job should be to interpret the law as written, not enforce his will, even if he disagrees with the ruling.
Hussain-TheCanadian
Does it not stand to reason, even if the original law does not include “Sexual Orientation” in its Articles/Titles, that when Gay people are being discriminated against right and left, that the gay community celebrates when the justice system that has wronged them for so long, gives them a decorum of justice, even if the law was “misapplied”?
Or are you saying you’re a strict constitutionalist?
Hussain-TheCanadian
The above is directed at Kaiser;
Also the opening sentence should of read: Does it* not stand to reason…
KaiserVonScheiss
It does not stand to reason. Laws are made by congress.
The term is Originalist. It means a text should be read and interpreted according to its original meaning, what the words meant at the time.
If one were studying Shakespeare, would one not base the reading off what the words meant when he wrote them? The same applies to the law.
Hussain-TheCanadian
@Kaiser
I do not disagree with you, however a judge has interpreted the law to include our community, unrill hopefully soon the law is amended to specifically names our community, meanwhile why not stand with and celebrate this victory against discrimination?
KaiserVonScheiss
Despite my absolute disdain for the evil that is republicanism, the US is a constitutional republic, not a kritarchy.
Congress should write the laws, not the courts. To do otherwise, renders the system meaningless. Each branch is a check on the other. Having the courts or the executive write the laws is an abuse.
Doug
Sorry to hear that Zarda passed away before he was able to see the victory in this. I can definitely relate to his issues: as a gay man who used to skydive, I can attest that it’s one of the most homophobic sports in the United States.
Heywood Jablowme
Skydiving is one of the most homophobic sports in the United States? I’m startled to learn that. Why is that?
Are they afraid their anus will land on an erect penis?
(Not “Notright”‘s “little friend” which would not be big enough to cause any damage!)
Sam6969
-“Sadly, Zarda was not able to see the victory. He passed away in a skydiving accident shortly after the litigation against his former employer began.”
-““I wish Don were here to see how he and his case have advanced the movement for LGBTQ equality.””
It was very moving to read that.
Sam6969
I hope the Supreme Court will not be asked to review the decision…
Source: https://www.nytimes.com/2018/02/26/nyregion/gender-discrimination-civil-rights-lawsuit-zarda.html
ivanw222
As of this moment it is still legal, in 26 states, to fire an employee and or evict a person just for being gay. I hope this will change, but we need the courts help.
Billysees
” …we need the courts help. ”
We’ll always need help from any source.
Teddy Ready
Well, I am baffled about a current legal reality that has occurred in the State of Indiana. My Question to the Enlightened Ones who know the reason of why is it acceptable for Businesses to Discriminate or Refuse Service to a Perceived LGBTQ Individual(s) if their Personal Religious Views convict them to do so if the Supreme Court has Overruled the Law that permitted this Inhumanity in the first place ??