Author Topic: Supreme Court takes on LGBT employment discrimination  (Read 1061 times)

0 Members and 1 Guest are viewing this topic.

Offline TomSea

  • Hero Member
  • *****
  • Posts: 40,432
  • Gender: Male
  • All deserve a trial if accused
Supreme Court takes on LGBT employment discrimination
« on: April 23, 2019, 04:04:09 am »
Well, if this is a new category, there was a story on the news today...

Quote
Supreme Court takes on LGBT employment discrimination
    By      devin dwyer
Apr 22, 2019

 The U.S. Supreme Court announced Monday that it will hear three high-profile cases involving employment discrimination against LGBT Americans. Together, the court will determine whether federal civil rights protections extend to include sexual orientation and gender identity.

The cases center on Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of "sex." The justices will consider whether the term covers sexual orientation and gender identity -- a question over which lower courts have divided.
(MORE: Third judge halts Trump plan for Census 2020 citizenship question)

In one case from New York, a sky-diving instructor sued his employer -- Altitude Express Inc. -- after he was allegedly fired for being gay. The Second Circuit Court of Appeals sided with the instructor.

Read more at: https://abcnews.go.com/Politics/supreme-court-takes-lgbt-employment-discrimination/story?id=62551787


Offline sneakypete

  • Hero Member
  • *****
  • Posts: 52,958
  • Twitter is for Twits
Re: Supreme Court takes on LGBT employment discrimination
« Reply #1 on: April 23, 2019, 04:19:07 am »
Quote
The U.S. Supreme Court announced Monday that it will hear three high-profile cases involving employment discrimination against LGBT Americans. Together, the court will determine whether federal civil rights protections extend to include sexual orientation and gender identity.

Of course they have the same rights as everyone else. They are Americans.

Having said that,they ONLY have the RIGHT to project their sexual orientation/gender identity away from work. While at work they represent their employer,and will dress and speak appropriately for that business environment. If they do not like that,no one is preventing them from quitting and finding a job that allows them to present themselves openly.

Anything more would be granting them SPECIAL RIGHTS that none of the others of us have. Don't believe me? Try showing up to work dressed as a Hells Angel flying colors and see what happens to you. Or Donald Trump,AFATG's.

Or wearing your old military uniform if you work for the DNC,Greenpeace,etc,etc,etc.

YOUR rights are no more important than the rights of others.
Anyone who isn't paranoid in 2021 just isn't thinking clearly!

Offline Maj. Bill Martin

  • Hero Member
  • *****
  • Posts: 10,809
  • Gender: Male
  • I'll make Mincemeat out of 'em"
Re: Supreme Court takes on LGBT employment discrimination
« Reply #2 on: April 26, 2019, 07:42:42 pm »
This is actually a really interesting case.  If you go by legislative history and the understanding of what it mean when it was passed,  Title VII should not protect sexual orientation or gender crap.

If you go by textual interpretation, "sex" at the time was also interpreted to mean gender.  So, progressives might argue that a textualist should say it prohibits discrimination on the basis of "gender", which means trannies should be protected.  However, the way they use "gender" now is different from the meaning back in 1964, when it was understood to mean the same as biological sex.  So, true textualism should reach the same result as "original intent".

It'll be really interesting to see what Roberts does.  For political reasons, Democrats should probably hope that the decision goes against them so they can make it a political issue moving forward by pushing for a new law.