TheProgressivePatriot
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The Trump administration declared that a landmark federal law doesn't protect LGBT employees from workplace discrimination
This should be real interesting given the change in complexion of the supreme court since the appointment of two new Justices by trump-the first changes since Windsor and Obergefell . The first of those appointments replaces Scalia so it did not represent a net change in the court. The second of course replaced Justice Kennedy who was considered a conservative for the most part, but was an influential swing voter- particularly on gay rights issue. My guess is that Roberts- who is concerned about his legacy and the legitimacy of the court will not allow it to move to far to the right and will become the new swing voter and side with the liberal wing of the court on this and other civil rights issues.
The second interesting but more predictable aspect of this case is the position that the Trump administration will take on it. The Obama Administration's policy was that this issue is absolutely covered by the Civil Rights Act.. Not so the Trump Administration, despite his bloviating about how good he would be for the LGBT population during his campaign, We shall see
The Trump administration declared that a landmark federal law doesn't protect LGBT employees from workplace discrimination
The U.S. Supreme Court today announced it will review three cases that address whether discrimination on the basis of sexual orientation or gender identity violates the Civil Rights Act of 1964, the federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion.
The three cases include: Altitude Express v. Zarda, a New York case where the U.S. Court of Appeals for the Second Circuit ruled in favor of the estate of a skydiving instructor who was fired because he was gay; Bostock v. Clayton County, where the U.S. Court of Appeals for the Eleventh Circuit ruled against a Clayton County, Georgia, child welfare services coordinator fired when his employer discovered he was gay; and: R.G. & G.R. Harris Funeral Homes v.EEOC, a Michigan case brought by the ACLU and ACLU of Michigan where the U.S. Court of Appeals for the Sixth Circuit ruled in favor of a transgender woman fired from her job as a funeral director when she informed her boss she intended to transition. Lambda Legal filed a friend-of-the-court brief and argued the Zarda case before the full Second Circuit in September 2017. Lambda Legal also filed friend-of-the-court briefs in the Georgia and Michigan cases.
This should be real interesting given the change in complexion of the supreme court since the appointment of two new Justices by trump-the first changes since Windsor and Obergefell . The first of those appointments replaces Scalia so it did not represent a net change in the court. The second of course replaced Justice Kennedy who was considered a conservative for the most part, but was an influential swing voter- particularly on gay rights issue. My guess is that Roberts- who is concerned about his legacy and the legitimacy of the court will not allow it to move to far to the right and will become the new swing voter and side with the liberal wing of the court on this and other civil rights issues.
The second interesting but more predictable aspect of this case is the position that the Trump administration will take on it. The Obama Administration's policy was that this issue is absolutely covered by the Civil Rights Act.. Not so the Trump Administration, despite his bloviating about how good he would be for the LGBT population during his campaign, We shall see
The Trump administration declared that a landmark federal law doesn't protect LGBT employees from workplace discrimination
The Department of Justice filed a brief Wednesday night arguing that a landmark federal law does not prohibit discrimination based on sexual orientation.