Hooray! Court Affirms LGBT Workers’ Rights and Trump Loses Again

Another day in court, another loss for President Donald Trump.

This time the victors are the gay, lesbian and bisexual people of the United States who had the courts affirm that they cannot be discriminated against in the workplace.

The Second Circuit Court of Appeals determined that Title VII of the Civil Rights Act of 1964 applies to gay workers. Although the Seventh Circuit Court reached the same conclusion last year, prior to that ruling there was no specific federal protection for employees based on their sexual orientation.

Perhaps the strangest part of the case is that the federal government wasn’t a direct party to it. Nevertheless, the Justice Department decided to throw its (bigoted) two cents in so that the government as “the nation’s largest employer” could maintain its own right to discriminate against its employees for their respective sexualities. The Justice Department also unnecessarily attached itself to the Masterpiece cake case currently awaiting a decision from the Supreme Court.

By a 10 to 3 majority, the judges of the Second Circuit Court sided against the Justice Department on the position of workplace discrimination. Though they admit Congress may not have specifically intended to protect gay employees back in the ’60s, the opinion points out that laws “often go beyond the principal evil to cover reasonably comparable evils.”

The argument put forth to the judges on behalf of gay employees is that sexual orientation discrimination is essentially gender discrimination. Broadly speaking, if a woman can be fired for loving a woman, but a man wouldn’t be fired for loving a woman, that reeks of gender discrimination by creating a double standard between the sexes.

Judge Robert Katzman cosigned with this line of thought. “Sexual orientation is a function of sex, and, by extension, sexual orientation discrimination is a subset of sex discrimination,” he wrote.

A successful appeal to the U.S. Supreme Court does not seem likely considering that just two months ago the court turned down a separate yet similar case that dealt with pretty much the same issue. Unless the nine justices change their mind and decide they do want to take a stance on this matter, it looks like the White House will just have to learn to live with a country where gay people can’t be fired simply for being gay.

Trump promised voters that, if they elected him, they’d be tired of winning, but his presidency has seen a seemingly unending series of losses, at least as far as major court battles go.

If he wants to start winning again, he may want to consider picking cases with merit and kindness rather than pushing the limits of the Constitution to permit discrimination.

Photo credit: Thinkstock.

75 comments

Ellie M
Ellie M14 days ago

Noted

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DAVID f
DAVID fleming18 days ago

TY

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DAVID fleming
DAVID fleming20 days ago

TY

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Sabrina D
Sabrina D24 days ago

...And serves him right...

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Karen H
Karen Habout a month ago

John W, how about no transgender people in the military? How about "religious freedom", which gives "deeply religious" people the right to discriminate against LGBTQ?

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Emma Z
Emma Zabout a month ago

thanks for posting

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Janet B
Janet Babout a month ago

Thanks

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John W
John W1 months ago

When has Trump ever been against LGBT rights?

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Nicole Heindryckx
Nicole Heindryckx1 months ago

Well done Judge Katzman. Finally real justice for the LGTB people who are fighting for so long for their equal rights versus men, and who have a harder life than men in general. Your sexuality has nothing to do with the performance of your job. On the contrary I think. I fear that some of their colleagues are also still bullying gay and lesbian people in factories and offices. I really appreciate your good insight, and that finally justice was victorious !! Discrimination is discrimination, on each level and for each issue. Or do we really want to continue living in a society where some people or disregarded, maltreated, treated in an unfair way as if they were 2nd choice "material" ?? We are all sisters and brothers alike, therefore the laws should protect each and anyone of us in the same way. This is really a serious VICTORY !! Keep on going in an uplifting manner, so that each form of "racism" shall finally disappear for ever and ever. Amen !!

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Elaine W
Elaine W1 months ago

Hooray. Love, goodness and fairness wins. This is uplifting. Thanks.

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