The 7th Circuit Court of Appeals ruled Thursday that a professor who argued that she was not promoted due to antigay bias—was not protected under Title VII of the Civil Rights Act of 1964. The ruling declared such protections went “beyond the scope of the statute,” which prohibits discrimination based on race, religion, sex, and national origin. Only the Supreme Court or Congress could determine Title VII extended to sexual orientation, it determined.
In the over 40-page document of this most recent decision, U.S. Circuit Judge Ilana Rovner, who was joined in part by Judge Kenneth Ripple, noted the complex “legal landscape in which a person can be married on Saturday and then fired on Monday for just that act.” However, Rovner challenged the logic of the 2015 ruling from the Equal Employment Opportunity Commission supporting Hively’s argument.
“The idea that the line between gender non‐conformity and sexual orientation claims is arbitrary and unhelpful has been smoldering for some time, but the EEOC’s decision … threw fuel on the flames,” stated Rovner, citing cases from 1984 to 2000 that determined anti-LGBT discrimination did not fall under Title VII. “Until the writing comes in the form of a Supreme Court opinion or new legislation, we must adhere to the writing of our prior precedent,” Rovner concluded.
The 7th Federal District Court is composed of Wisconsin, Illinois and Indiana. While there is a here is a slim hope that the 7th circuit could re-consider this case en banc, odds are that this case will head to the Supreme Court.
So far this week Maggie Gallagher-Srivastav claim she’s being “oppressed”. Tony (KKK) Perkins of the FRC is claiming that he’s being “stigmatized”. And now Brian Brown rants about being turned into a “second class citizen”. This is a prime example of the coordination of the PR Faux Christian Hate Machine at work using the meme that the oppressors are really the oppressed.
“You and I have always fought together under the banner of truth. Together, truth and love will prevail, as Maggie says. Not Truth without the love of God and our neighbor in our hearts. Nor a Love which is afraid to speak truth for fear of being labeled a bigot or a hater by those who wield scorn and hatred as a weapon to suppress the truth and those who speak it. They win by making us afraid to speak and to act for marriage in the public square. They can only win if they can get us to accept and internalize the second-class status they propose for us. To accept our own marginalization, to be quiet, to stand down and keep our heads down. To live in fear, instead of acting, with courage, out of hope. They do not know us. They do not know the One whom we know. –Brian Brown
Classic right wing Rovian tactic of attacking your opponent’s strength.
Next up….. Gallagher, Perkins, and Brown in the “It Gets Bitter Project”
After much controversy which included rumors of Marriage Equality Rhode Island—of actually undermining the cause and striking a backroom deal for Civil Unions, The Rhode Island House has overwhelmingly approved civil unions for gays and lesbians by a vote of 62-11.
Gay marriage supporters said civil unions treat gay couples as second-class citizens. Many lawmakers said they agreed, but said they couldn’t vote against giving gay couples many more rights than they currently receive. Rep. Frank Ferri, D-Warwick, is openly gay and said the House endorsement of civil unions was bittersweet. “Today I’m being asked to choose between equality and rights,” he said. “There’s no doubt in my mind that families like mine need these rights.”
Gay marriage advocates tried unsuccessfully to resurrect the gay marriage legislation during House debate. But their procedural move failed after House Speaker Gordon Fox, who is openly gay, (and a traitor) ruled it out of order. A vote to overrule Fox failed 23-47
The bill will now go to the state Senate, where it is expected to pass and Gov. Lincoln Chafee has promised to sign it.
This is a strange and dangerous end to this saga. Rhode Island was to supposed to be a “slam dunk” for gay marriage passage as was Delaware another state that went with civil unions instead of gay marriage.
One really has to wonder about these gay politicians and advocates who “settle”. If they were African American and this was about black civil rights would they be content sitting in the middle of the bus?
We’re falling into a very dangerous pattern here. One that can really impede our advancement for full equality.
If you settle for less that’s what you get. Less. You also send a very dangerous message to your opponents that you are fine with that so they will drag their feet and never give you more.
The Daily Beast has broken the story that it has been confirmed that the United States Citizenship and Immigration Services (USCIS) District Offices will no longer deny alien relative petitions and green card applications filed by married same-sex couples
“Instead, final decisions on these applications will be held in abeyance, i.e. put on hold. This historic first seems to be directly linked to the Obama administration’s change of position on DOMA announced on February 23. The DOMA Project welcomes the new and exciting potential this presents for married gay and lesbian couples to obtain legal status and prevent deportations of the foreign partner. However, in this new and rapidly changing legal environment, we urge attorneys and binational couples to proceed with an abundance of caution.
The significance of the “abeyance” policy is two-fold: first, it means that petitions and applications that normally would have been denied because of DOMA, will now remain in “pending” status, and second, this status will give protection and benefits to the applicant for an indefinite period. The “abeyance” policy, it is presumed, will put these cases on hold while the ultimate fate of DOMA is determined by a decision of the Supreme Court or through repeal by Congress.”
Great news. That will affect thousands of gay and lesbian married couples. But it is a bit of a mess because of the lack of States that offer same sex marriage and the massive amounts of red tape, but it is a bit of movement in the right direction and we have to push harder for all inclusive alien relative petitions. So lets not just accept this and wait. So keep pushing for it!
We should expect to hear Huckabee, Perkins, Fischer, Gallagher and the rest of the American Taliban throwing a kiniption fit in 5….4….3….2….1……
Jonathan D. Lovitz, the musical performer and professional dating expert and star of LOGO’s upcoming series Set-Up Squad was called for Jury During in NY. During the voir dire, where lawyers select jurors from a larger pool the prospective jurors were asked who would not be impartial and Johnathan raised his hand and told the court that ‘since I can’t get married or adopt a child in the state of New York, I can’t possibly be an impartial judge of a citizen when I am considered a second class one in the eyes of this justice system.’
NOTHING beats making a political statement and getting out of jury duty!
One poster offers a criticism on why some gays voted Republican and thus cost the Dems the election. (Which is a lie because we don;t have that much power in our voting block.) The poster blames it on the “impatience” of the gay community and specifically on DADT.
And because Gays could not be patient they just let the Republicans gain in the house and senate, where DADT has to be repealed, guaranteeing at least another couple of years being treated as second class citizens. An executive order can be easily overturned by another executive order. Not fighting the appeal leaves it open to be re-litigated under another president. Only congress can change this law and you chose not to vote because it wasn’t happening fast enough
Misinformed and stupid comment. But what really stood out was the reply to this comment. It summed all the anxiety and frustration that many suffer and feel right now in the LGBT Community especially amongst the baby boomers.
Please read this EXCELLENT response by an AmericaBlog Gay poster jpjones.
Couldn’t be patient???
Look, asshole, when people of my generation were beginning to discover our sexuality, Anita Bryant was telling America that we are all sexual predators looking to indoctrinate innocent victims. And when I reached adulthood and began the process of coming out, Reagan’s cabinet was telling America that AIDS was God’s retribution for our “unnatural lifestyle” and William Buckley wrote that we should all be tattooed so people would know not to touch us. When I was in my mid-twenties Sam Nunn was telling America that we couldn’t serve on submarines because of our inability to keep our hands off of straight people. And finally, when I’m old enough to think I’m too smart and experienced to be charmed by a con artist, along comes The Fierce Advocate, with Rick Warren in tow, comparing me to a pedophile.
I’m now 45 and I’m GODDAMNED SICK AND TIRED of being “patient.” I’m an American citizen and all I want are the same rights that straight people take for granted from the day they are born. And until the Democrats demonstrate through actions that they believe all that sanctimonious bullshit they always spout during election season, I don’t care whether they win or not. When I get equality, they can have my vote again.
In the meantime, I suggest you fucking learn to be patient with a Republican government.
Where I was totally against voting Republican an I did drag my raggedy second class gay citizen ass to vote and voted for the “We Suck Less Party” known as the Democrats I ONLY did it to invalidate a Republican/Tea Party vote. But in my opinion jpjones post sums it up in a nutshell how we all feel today.
The Office of Personnel Management announced late last week that gay and lesbian federal workers with a same-sex partner can now take leave without pay to attend to their family’s educational and medical needs!
The The Office of Personnel Management is crowing about the fact that it’s instructing federal agencies to extend 24 hours of leave without pay each year to gay federal workers, essentially allowing them to attend school functions and medical and dental appointments or to provide care to an elderly partner, Well here’s some news for the OPM and everyone else. Leave Without Pay is granted to any employee Gay or Straight at anytime with a Supervisors or Managers permission. I know. I seasonally work as a Federal Worker.
All this This HYPE of course is to make it look like Obama’s LAME extended fringe benefits to the same-sex partners of federal workers, was actually SOMETHING BIG and to cover the fact that have nothing to do with the MAJOR benefits like same-sex partner Health Insurance coverage, Life Insurance, Retirement and pension access, etc. These “extended benfits” are just garbage, pure and simple and an insult at best. What was given to us are the the least important of all Federal benefits and ones that hat very few lesbians and gays men would ever need, use or want.