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.

77 comments

Marie W
Marie W1 months ago

Thank you for sharing

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Lesa D
Lesa D4 months ago

thank you Kevin...

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Ellie M
Ellie M6 months ago

Noted

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DAVID f
Dave fleming6 months ago

TY

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DAVID fleming
Dave fleming6 months ago

TY

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Sabrina D
Past Member 6 months ago

...And serves him right...

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Karen H
Karen H7 months 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
Past Member 7 months ago

thanks for posting

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Janet B
Janet B7 months ago

Thanks

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John W
John W7 months ago

When has Trump ever been against LGBT rights?

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