Supreme Court says federal law protects LGBTQ workers from discrimination

Discussion in 'Current Events' started by MrTLegal, Jun 15, 2020.

  1. MrTLegal

    MrTLegal Well-Known Member

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    https://www.cnn.com/2020/06/15/politics/supreme-court-lgbtq-employment-case/index.html

    This decision is tremendous for several reasons. First, the federal law now protects sexual orientation. Most of the lower court rulings had actually gone the other way.

    "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids," Gorsuch wrote

    Second, the fact that Gorsuch and Roberts joined the liberals to form the majority effectively means that it is possible to claim that three judges on the Supreme Court are swing justices.

    Finally, this decision comes immediately on the heels of the Trump administration finalizing rules that effectively reached the exact opposite conclusion in regards to its interpretation of Obamacare. That decision will now almost certainly be reversed.

    You can read the historic opinion here: https://www.cnn.com/2020/06/15/politics/read-supreme-court-lgbtq-ruling/index.html
     
    Last edited: Jun 15, 2020
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  2. Pants

    Pants Well-Known Member

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    Just read that myself! Great news all around.
     
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  3. PPark66

    PPark66 Well-Known Member

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    :applause:
     
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  4. cd8ed

    cd8ed Well-Known Member Past Donor

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    upload_2020-6-15_12-25-28.jpeg


    “The court clearly worked very hard to make sure that congressional inaction on LGBTQ+ rights would not go unrepaired. We no longer live in a society where a Gay couple can be married on Friday and fired for that marriage on Monday,” [CNBC]
     
    Last edited: Jun 15, 2020
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  5. Egoboy

    Egoboy Well-Known Member Donor

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    I wouldn't get all excited about Gorsuch, long term... this decision seems like a slam dunk (to anybody with brain/heart)...

    He's been plenty conservative during his time on the bench, but at least he's not a dinosaur rubber-stamp.
     
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  6. Cubed

    Cubed Well-Known Member Past Donor

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    Amazing to see.
     
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  7. Steve N

    Steve N Well-Known Member Past Donor

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    How many people get fired because they're gay? I'm not asking how many people said they were fired because they were gay, but how many people were really fired fir the single reason they were gay?
     
  8. Colombine

    Colombine Well-Known Member Past Donor

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    The three plaintiffs in this case had employers who expressly indicated that they were fired for being gay.

    One plaintiff would have been one too many.

    "In all three situations, the employers admitted that they fired the workers for being gay or transgender, but they argued that this did not violate Title VII."

    https://www.foxnews.com/politics/su...job-discrimination-in-big-win-for-lgbt-rights
     
    Last edited: Jun 15, 2020
  9. Sleep Monster

    Sleep Monster Well-Known Member Past Donor

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    Does it matter? Even if it's only one person, that person has rights.
     
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  10. PPark66

    PPark66 Well-Known Member

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    They also refused to hear the Trump Administration’s appeal of California’s “Sanctuary” law so it stands.
     
  11. struth

    struth Well-Known Member

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    Not at all surprised by the ruling.
     
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  12. AmericanNationalist

    AmericanNationalist Well-Known Member

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    So wait, does that mean a Trump pick(Gorsuch at least) isn't all that terrible? I thought everything Trump did and picked made him the worst President ever!

    At any rate, this is a great ruling but subject to abuse: IE: Now claims will pick up of LBGT discrimination, where that will have to be proven(read: litigated). An even greater day for lawyers than for the LBGT community.
     
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  13. mdrobster

    mdrobster Well-Known Member

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    Yeah it's the right decision IMHO. Treat everyone equally.
     
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  14. BasicHumanUnit2

    BasicHumanUnit2 Well-Known Member

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    They openly guaranteed gay rights....but on the same day kicked 2nd Amendment rights to the curb.

    The far left should absolutely love the current scrotus.
     
    Last edited: Jun 15, 2020
  15. BasicHumanUnit2

    BasicHumanUnit2 Well-Known Member

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    As long as all Justices decide in favor of the Left...they are happy
     
  16. MrTLegal

    MrTLegal Well-Known Member

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    Do you think the Trump administration was surprised by the ruling?
     
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  17. AmericanNationalist

    AmericanNationalist Well-Known Member

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    I'm reading over the sybullus, they didn't just merely extend Title XII to the LBGT Community, they literally opened the door to a new 21st century wave of lawsuits(as if we didn't have enough lawsuits.)

    "It is irrelevant what an employer might call its "discriminatory practice", how others might label it or what else motivates it."-SCOTUS.

    English translation: It doesn't matter what reasons the business gives for firing an employee, so long as the disgruntled employee so much as claims that they were fired for being a member of the LBGT Community, or anything related to sex, gender, etc then it's a Title XII violation.

    As proof, they cited a case where a company refused to hire a woman with children, though said company hired males and females equally. This is bad for business in general, how can you quantify the qualities you want in a worker, if a broad anti-discrimination law exists(and frankly is expanded upon Title XII)

    I want people to understand: I'm not against the LBGT community being protected by Title XII, I am against the SCOTUS's poor wording of its decision. This will backfire, massively against businesses, corporations and thereby the overall economy.

    There are literally millions of ex-employees with an axe to grind and a now lower standard of proof.
     
  18. AmericanNationalist

    AmericanNationalist Well-Known Member

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    So EX. A Company decides not to hire me for lifting packages because of my cerebral palsy, but I REALLY want to lift packages! Under the SCOTUS opinion, that would be discrimination(and it would be, healthy discrimination.) The SCOTUS has now taken this away from the business community. Discrimination, healthy or not is a Title XII violation.



    This is more akin to Dred Scott then anything, a decision that will in history reflect poorly on the court(and not because of what it intended to do, but its poor wording.)
     
  19. struth

    struth Well-Known Member

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    I don’t know or think trump cares. Back in 2000 he talked about the need to amend the Act to give protect and supported it
     
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  20. Surfer Joe

    Surfer Joe Well-Known Member Past Donor

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    How many people does it have to be before you give a ****?
     
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  21. cd8ed

    cd8ed Well-Known Member Past Donor

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    If you have a valid and documented reason to fire someone any litigation would be dismissed outright and the employer could pursue remedy for their costs. If they just found out their employee just got married and terminated them for such they should be sued, and now they can be.

    Did you feel when christians gained the ability to sue for being discriminated against due to their chosen belief opened up such legal quandary or is it only the gays that will abuse this?
     
    Last edited: Jun 15, 2020
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  22. Surfer Joe

    Surfer Joe Well-Known Member Past Donor

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    Lol...reductio ad absurdum is a sure way to admit the paucity of your comments.
     
  23. cd8ed

    cd8ed Well-Known Member Past Donor

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    I bet all the religious organizations that dumped millions into buying those Supreme Court seats sure are pissed.
     
  24. MrTLegal

    MrTLegal Well-Known Member

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    His administration literally said that the term "sex" does not provide protections against discrimination based on sexual orientation this week.
     
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  25. MrTLegal

    MrTLegal Well-Known Member

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    They are.

    upload_2020-6-15_14-36-6.png
     
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