News
62 lawmakers blast anti-gay DOJ filing in bicameral letter
Congressional Democrats say brief ‘violates our nation’s ideals of liberty and justice for all’
A group of 62 Democrats from both chambers of Congress is blasting the U.S. Justice Department for a recent court filing arguing lesbians, gays and bisexuals have no protections under existing federal civil rights law.
In a letter dated Aug. 7 and made public Tuesday, the lawmakers assert the Justice Department’s recent friend-of-the-court brief in the case of Zarda V. Altitude Express is “not only contrary to existing law, but violates our nation’s ideals of liberty and justice for all.”
The missive was led by Rep. David Cicilline (D-R.I.), who’s gay and a co-chair of the LGBT Equality Caucus, and Rep. Frank Pallone (D-N.J.).
“Any discrimination is completely unacceptable,” the letter says. “It tears at the fabric of our great nation and does not move us forward; it takes us backward. We urge the Department of Justice to reverse its position and to refrain from arguing against protections for LGBT people in any future Title VII cases dealing with the issue of whether sex discrimination includes discrimination based on sexual orientation or gender identity.”
Late last month, the Justice Department under U.S. Attorney General Jeff Sessions argued in a voluntary filing before the U.S. Second Circuit Court of Appeals that Title VII of the Civil Rights Act of 1964 affords no protections against sexual orientation discrimination.
As the letter points out, that reasoning is contrary to the decisions of a growing number of district courts as well as the U.S. Seventh Circuit Court of Appeals, which have determined Title VII’s prohibition on sex discrimination in the workplace applies to cases of discrimination against lesbian, gay and bisexual people.
“This reflects a growing consensus that discrimination against people based on their sexual orientation cannot be understood without reference to sex,” the letter says. “To argue the opposite defies any reasonable interpretation of what sex discrimination means.”
The U.S. Equal Employment Opportunity Commission, the U.S. agency charged with enforcing federal employment non-discrimination laws, has also found sexual orientation discrimination is a form of sex discrimination under Title VII.
However, the U.S. Eleventh Circuit Court of Appeals has determined existing law against sex discrimination affords no protections to lesbian, gay and bisexual people. That has created a split among the circuit courts and prompted the LGBT legal group Lambda Legal to plan to petition the U.S. Supreme Court for a nationwide resolution to the issue.
Notably, most of the seven openly LGB members of Congress who are also co-chairs of the LGBT Equality Caucus didn’t sign the letter. Names that are absent are Reps. Jared Polis (D-Colo.), Mark Takano (D-Calif.), Mark Pocan (D-Wis.) and Kyrsten Sinema (D-Ariz.). The only gay members of Congress who signed the letter were Cicilline, Rep. Sean Patrick Maloney (D-N.Y.) and Sen. Tammy Baldwin (D-Wis.)
The Washington Blade has placed a request with the Justice Department seeking comment on the congressional letter.
Congress
House passes defense spending bill with anti-trans rider targeting military families
‘Not since DOMA’ has ‘an anti-LGBTQ+ policy been enshrined into federal law’
The U.S. House of Representatives on Wednesday voted to pass the annual military appropriations bill with a rider that would prohibit the children of U.S. service members from accessing gender-affirming health treatments under the Pentagon’s TRICARE program.
After clearing the floor vote with a comfortable margin of 281-140, the bill’s future is uncertain provided that Senate Democrats are unlikely to move on a National Defense Authorization Act that contains a discriminatory, partisan policy advanced by House Republican leadership and President Joe Biden promising to veto any legislation that targets transgender rights.
House Speaker Mike Johnson (R-La.) reportedly insisted on amending the NDAA to add the anti-trans policy after a final version of the bill had already been negotiated by the chairs and ranking members of the Senate and House Armed Services Committees over the weekend, earning a sharply worded rebuke from the later committee’s top Democrat, U.S. Rep. Adam Smith (Wash.).
“Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong,” the congressman wrote. Johnson is “pandering to the most extreme elements o this party to ensure that he retains his speakership,” he said, and in the process the GOP leader has upended “what had been a bipartisan process.”
Just after the NDAA was passed, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade.
āMilitary servicemembers and their families wake up every day and sacrifice more than most of us will ever understand. Those families protect our right to live freely and with dignity ā they deserve that same right, and the freedom to access the care their children need.
Today, politicians in the House betrayed our nationās promise to those who serve. Not since the āDefense of Marriage Actā passed almost 30 years ago has an anti-LGBTQ+ policy been enshrined into federal law.
For the thousands of families impacted, this isnāt about politics. Itās about young people who deserve our support. Those who have courageously stepped up to serve this country should never have their families used as bargaining chips.
Now, the Senate has the opportunity to reject this and any bill that includes these dangerous anti-trans, anti-military family provisions, and remember the fundamental promise of our democracy: That everyone deserves dignity, respect, and the right to healthcare.ā
United Kingdom
Current, former PinkNews staffers accuse publisher, husband of sexual harassment
CEO Anthony James suspended from NHS job after allegations became public
Thirty-three current and former employees of an LGBTQ news website in the U.K. have accused its publisher and husband of sexual harassment and misconduct.
The BBC on Tuesday reported āseveralā former PinkNews staffers saw Chief Operating Officer Anthony James ākissing and touching a junior colleague who they saw appeared too drunk to consentā outside of a London pub after a company event.
Jamesās husband, Benjamin Cohen, founded PinkNews in 2005.
The BBC reported the current and former staffers with whom it spoke said āa culture of heavy drinking led to instances whenā Cohen and James ābehaved inappropriately towards younger male employees.ā
Stephan Kyriacou, who worked at PinkNews from 2019-2021, told the BBC that Cohen slapped him on his butt at a Christmas party.
“I just shut down for a minute. I didnāt know what to say. I was in shock,ā Kyriacou told the BBC. āI remember turning to my friends and saying, ‘What the hell just happened?'”
The BBC spoke with PinkNews staffers who said āthey were shouted at and belittled by Mr. Cohen, and that there was a ātoxicā culture at the company. Others said they saw āmisogynisticā behavior.
Neither Cohen, nor James spoke with the BBC. The Washington Blade has reached out to PinkNews for comment.
Media reports indicate Bedfordshire Hospitals NHS (National Health Service) Foundation suspended James, who is a doctor, from his job after the allegations against him and Cohen became public.
Montana
Montana Supreme Court blocks ban on healthcare for trans youth
āTodayās ruling permits our clients to breathe a sigh of reliefā
The Montana Supreme Court on Wednesday ruled that SB 99, a 2023 Montana law that bans life-saving gender-affirming care for transgender youth, is unconstitutional under the Montana Constitutionās privacy clause, which prohibits government intrusion into private medical decisions. This ruling will allow Montana communities and families to continue accessing medical treatments for transgender minors with gender dysphoria, the ACLU announced in a statement.
āI will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,ā Phoebe Cross, a 17-year-old transgender boy told the ACLU. āJust living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.ā
āFortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,ā said Lambda Legal Counsel Kell Olson. āBecause Montanaās constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.ā
āWe are so thankful for this opportunity to protect trans youth, their families, and their medical providers from this baseless and dangerous law,ā said Malita Picasso, Staff Attorney for the ACLUās LGBTQ & HIV Project. āEvery day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop fighting until every transgender person has the care and support they need to thrive.ā
āTodayās ruling permits our clients to breathe a sigh of relief,ā said Akilah Deernose, Executive Director of the ACLU of Montana. āBut the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference.ā
The Court found that the Plaintiffs were likely to succeed on the merits of their privacy claim, holding: āThe Legislature did not make gender-affirming care unlawful. Nor did it make the treatments unlawful for all minors. Instead, it restricted a broad swath of medical treatments only when sought for a particular purpose. The record indicates that Provider Plaintiffs, or other medical professionals providing gender-affirming care, are recognized as competent in the medical community to provide that care.[T]he law puts governmental regulation in the mix of an individualās fundamental right āto make medical judgments affecting her or his bodily integrity and health in partnership with a chosen health care provider.ā
Two justices filed a concurrence arguing that the Court should also clarify that discrimination on the basis of transgender status is a form of sex discrimination prohibited by Montanaās Equal Protection Clause, the ACLU reported.
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