Jeff Sessions Thinks It Should Be Legal to Fire You for Being LGBT

In the latest and most significant anti-LGBT action yet from the Trump administration, the Justice Department last night filed a brief with the U.S. Court of Appeals for the Second Circuit arguing that federal civil rights laws do not protect individuals from discrimination based on their sexual orientation or gender identity. The case in question concerns a former skydiving instructor who filed a lawsuit against his employer in 2010, alleging that the company terminated him because of his sexual orientation.

This appalling brief from the Jeff Sessions-led Justice Department comes as the Second Circuit is preparing to hear arguments about whether Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of sex, also prohibits discrimination against lesbians, gay men, and bisexual people — a position supported by, among many others, the U.S. Equal Employment Opportunity Commission (EEOC).

In April, the U.S. Court of Appeals for the Seventh Circuit, which is based in Chicago, considered the same question. They ultimately ruled that discrimination against a person based on their sexual orientation is a form of sex discrimination that is prohibited under Title VII. In writing for the court, Chief Judge Diane P. Wood noted that, “It would require considerable calisthenics to remove the ‘sex’ from ‘sexual orientation.’”[RK1]

And yet these kinds of legal gymnastics are now exactly what the Justice Department is attempting to do.

“It would require considerable calisthenics to remove the ‘sex’ from ‘sexual orientation.’”

As if the Trump administration’s legal arguments in this case weren’t galling enough on their own, the fact that they are even weighing in at all in this case is noteworthy for how outrageous it is. The United States is not a party to the case, thus the administration cannot argue that its hand was forced. No, this is nothing more than a shameful effort on the part of a very anti-LGBT attorney general to advance discriminatory legal arguments. The question of whether Title VII prohibits gender identity-based discrimination — a position well-supported in case law — isn’t even before the court in this case. Rather, this case addresses the question of whether the federal law that prohibits employment discrimination based on sex also bars discrimination based on a person’s sexual orientation.

It is disgraceful that the Trump administration is working affirmatively to expose LGBT people to discrimination. Fortunately, the question of whether the Civil Rights Act of 1964 protects LGBT people is ultimately a question for the courts to resolve, not Attorney General Sessions.

So while the Justice Department abdicates their responsibility to fight for and uphold our civil rights, we will continue to push forward. 

The ACLU is confident that the law is in our side and that the courts will come to the right decision, just as the Seventh Circuit already has. And we’re prepared to continue this fight to make clear that discrimination against LGBT people is just another form of sex discrimination that is prohibited under federal civil rights laws.

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Anonymous

The ACLU needn't explain any of this to you or anyone who doesn't wear a robe or carry a gavel. The courts are doing a fine job so far explaining it for them. I suggest you read the relevant decisions on relevant complaints.

Anonymous

If you fire a man for being attracted to men, but wouldn't fire a woman for being attracted to men, is that not discrimination based on sex?

Anonymous

Might this not be a tactic to give Trump a non-Russia investigation reason to fire Sessions? Basically a planted, outlandish act that would 'force' Trump's hand?

Anonymous

"Fortunately, the question of whether the Civil Rights Act of 1964 protects LGBT people is ultimately a question for the courts to resolve, not Attorney General Sessions."

Yet Obama attempted to answer the question as to whether Title IX applies to transgender persons through an executive directive. This issue has yet to be decided by any circuit court or SCOTUS, yet the ACLU criticized Trump when he rescinded the directive.

Anonymous

fuck trannies, fuck the aclu

Anonymous

Yeah! Fuck the rights of Americans to be treated as free and equal! Opposing freedom and equality is patriotic, right???

Anonymous

Reprehensible inbred dumbass.

Anonymous

And FUCK YOU TOO

Anonymous

Really? What's he think when you're the President of the company? Who gets to fire you then?

Anonymous

Jeff Sessions is in on Russia just as deep as Trump. What kind of idiot fires someone like that? After he fires him the man will have no more reason to stay quiet about it. He has more reason to keep his mouth shut WITH a job than without one. Unless Putin's planning something but never mind.
It's totally STUPID to fire a person who can tell things on you that will damn you to hell (so to speak.) He doesn't even know how to preserve himSELF much less anyone else in the country.

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