For dark, twisted reasons, the Department of Justice—headed by ethically challenged Trump appointee, Mrs. Beasley doppleganger/Attorney General Jefferson Beauregard Sessions III—are seeking a super strict reading of the Title VII provision in the 1964 Civil Rights Act, in order to allow workplace discrimination of LGBTQ-identifying people. Department of Justice Attorney Hashim Mooppan (come on, Hashim, why?) appeared in federal court Tuesday to make the arguments in a case, Zarda v. Altitude Express, heard by the 2nd Circuit Court of Appeals. Skydiving instructor Donald Zarda sued his former employer Altitude Express in 2010 for firing him on the grounds of Zarda’s sexual orientation. The 13 judges (usually in Courts of Appeals it is three judges) will decide if Title VII protects against discrimination based on sexual orientation.
“Employers under Title VII are permitted to consider employees’ out-of-work sexual conduct,” Mooppan said. “There is a commonsense, intuitive difference between sex and sexual orientation.”
This writer is lost on that last sentence, but why did the DOJ barge in on this matter? Perhaps this is what the Equal Employment Opportunity Commission wondered too, prompting that agency to show up in court to argue gay employees are protected by Title VII. Smelling something bad, the judges questioned Mooppan on the reason the DOJ butted into the case proceedings, calling it “a bit awkward” to have opposing positions within the federal government. One judge asked Mooppan if the “DOJ employment discrimination division had been consulted,” to which Mooppan gave the stinkiest answer of all.
“It’s not appropriate for me to comment,” he said.
What’s not appropriate, Hashim, is wasting taxpayer money on efforts to strip LGBTQ folks of their Civil Rights because your immediate boss has a toupee hair up his ass.
A portion of that coarse hair must have also been inserted into Trump’s putrid asshole sometime after candidate Trump’s promise at the Republican National Convention to “do everything in my power to protect LGBTQ citizens from the violence and oppression of a hateful foreign ideology.” Then the hair-in-rectum started itching with Washington D.C.’s summer heat on July 27 when the DOJ filed the amicus brief supporting Altitude Express, coincidentally the same day orange two-face tweeted his transgender ban policy.
Adam Winkler, a specialist in constitutional law and a professor at the UCLA School of Law, commented to VICE News about the amicus brief filed in July.
“What’s striking is that it is so different than the Obama administration. It also shows that this administration is hostile to LGBT rights despite what we were heard on the campaign trail.”
The Zarda case might proceed to the higher court. Before Tuesday’s arguments, it was heard in April in the 2nd Circuit by the normal three judge-panel that ruled against Zarda, though the court agreed to hear the case again before the 13 judges. While Sessions is obviously hoping for a traditionally narrow reading of the Civil Rights Act by this Court of Appeals, the 7th Circuit ruled that the Act does outlaw sexual orientation discrimination.
“We need the Supreme Court to decide this issue once and for all,” said Lambda Legal CEO Rachel Tiven.
Masterpiece Cake Shop v. Colorado Civil Rights Commission, another case the DOJ is using in their evil plan to thwart gay rights, is scheduled to be heard by the Supreme Court this term. Again in this case the DOJ filed a brief in support of Jack Phillips, the bigoted baker who in 2012 wouldn’t bake a wedding cake for a same-sex couple because of his religious beliefs. Well, DOJ, the Satanic Temple also has a plan.