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16 States Petition US Supreme Court For Companies To Be Able To Fire LGBT Workers

Via Bloomberg Law

A group of 16 states urged the U.S. Supreme Court Aug. 23 to rule that companies can fire workers based on their sexual orientation and gender identity without violating federal workplace discrimination law.

The states, led by Nebraska Attorney General Doug Peterson, asked the justices to overturn an appeals court decision against a Michigan funeral home that fired a transgender worker. They said Congress didn’t intend the ban on sex discrimination in Title VII of the 1964 Civil Rights Act to cover bias against lesbian, gay, bisexual, or transgender employees. “The States’ purpose is to note that ‘sex’ under the plain terms of Title VII does not mean anything other than biological status,” Peterson wrote.

The friend-of-the-court brief is the latest development in a legal debate that has divided courts and exposed a rift within the Trump administration. The Equal Employment Opportunity Commission says LGBT bias already is banned, but the Justice Department disagrees.

Kentucky Gov. Matt Bevin joined the group to support states’ rights to determine employment protections.

“The state’s authority to create employment protections outside Title VII was established when the law was enacted in 1964 and should not change as a result of modern-day judicial activism,” Kuhn said. “Since Attorney General (Andy) Beshear will not defend the well-settled law supported by most Kentuckians, Gov. Bevin was compelled to join attorneys general from other states to ensure that Kentucky’s authority is not stripped away by the courts.”

The brief was co-authored by Nebraska Deputy Attorney General David Bydalek, formerly policy director of the Nebraska affiliate of the anti-gay hate group Focus On The Family.

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Will Kohler

Will Kohler is a noted LGBT historian, journalist and owner of Back2Stonewall.com. A longtime gay activist, Will fought on the front lines of the AIDS epidemic with ACT-UP and continues fighting today for LGBT acceptance and full equality. Will’s work has been referenced in notable media venues as MSNBC and BBC News, The Washington Post, The Daily Beast, Hollywood Reporter, and Raw Story,

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12 thoughts on “16 States Petition US Supreme Court For Companies To Be Able To Fire LGBT Workers”

  1. If “biological status” is the criteria, then transgender individuals should be protected even if LGBs are not. If “non-discrimination” is the criteria, then let’s just not discriminate. Period.

    1. There are a number of recent rulings and amicus briefs that argue as much, they also argue the same for sexual orientation as existing data suggests that sexual orientation is established genetically early in biological development. Given this, their central thesis falls apart, but alas bias and hatred aren’t rational.

  2. I am embarrassed to have the only three states in which I’ve lived to be in this narrow, closed minded, bigoted group.

    1. Oddly enough, only ONE of the states I’ve lived in is so onerous and yet it wasn’t the one that I would have assumed it to have been. Strange that. o.O

  3. I think a human being is a human being is a human being is a human being PERIOD…. Every person deserves to be treated with respect & we need to learn to respect each other❤️

  4. We hold these truths to be self evident, that All men Are created equal… Read the Constitution! And any State that dares detract from the Constitution be considered treasonous and invoking an act of war.

  5. The article was great, but next time could you ask a cartographer to look at your map, this projection is a mess..

    1.) The 49th parallel isn’t supposed to be straight.
    2.) Utah is way bigger than that.
    3.) Maine isnt that big.

    talk to a cartographer or a GIS person, or a geographer…. save yourself from posting a bad map.

  6. It’s incredible how those that are supposed to be well educated leaders can continually display their ignorance for the world to see, it certainly says a lot about the corrupt, one sided politicians that could care less about what their constituents want. Power comes in numbers and although what their doing is wrong, people have the ability to rise up but choose to sit down. . . FREEDOM FOR ALL!

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