What Can Happen to LGBTQ Rights After Week of Political Attacks
Earlier this year, the General Assembly of North Carolina partially canceled HB2 , the so-called “bill of toilets “, which limited the city of North Carolina from the adoption of the local anti-discrimination laws and demanded that the transgender to use the toilets, which correspond to the floor in their birth certificates. Since then, many other local, state and national laws have been passed that deny transgender rights (including in 21 states).
Keeping abreast of the latest twists and turns on this issue can be tedious, especially now when health issues are discussed , there is a ban on entry and exit to the judiciary, and government officials are being investigated for collusion with Russian agents . Here’s what’s going on in the area of LGBTQ rights:
What happened this week?
A little. First, Trump began his morning by announcing a ban on transsexuals from serving in the military via Twitter on Wednesday: “After consulting with my generals and military experts, please be advised that the United States government will not accept or allow … Transgender people can serve in the US Army in any capacity. Our military forces must be focused on a decisive and overwhelming … victory and not be burdened with the huge medical costs and disruption that transgender people in the military would entail. Thank you.”
But the point is, the military doesn’t actually spend that much on the medical costs of transgender soldiers. In fact, they spend more on Viagra and Trump’s three trips to Mar-a-Largo.
The Pentagon’s ban on transgender people was lifted a year ago under Obama , but Trump’s proposed ban reverses that decision. However, Trump’s tweet did not mention how the ban would be implemented or how it would affect transgender people currently serving in the military, and a day later, Pentagon officials said the military policy would not change until Trump gave further guidance.
In addition to the tweet, the Justice Department, led by Jeff Sessions, filed memos later Wednesday arguing that Title VII of the Civil Rights Act should not protect workers on the basis of their sexual orientation.
The memo was prepared in response to a private lawsuit pending before the US Court of Appeals for the Second Circuit in New York. Under normal circumstances, the Equal Employment Opportunity Commission (which supported the extension of protection to sexual orientation), rather than the Justice Department, comments on discrimination against private employers. The Court of Appeal asked the EEOC to weigh the case, but not the Justice Department.
Should I be worried?
While no policy change was officially made in the tweet, it spread false information about transgender soldiers. As Chase Strangio, ACLU LGBT & AIDS Project Attorney, explains on ACLU Live :
Any rhetoric directed against transgender people through lies and misinformation is incredibly dangerous because it fuels a public discourse in which we are misunderstood as to where it determines policy at the state and federal level, even though the data shows that the provision of medical care does not require additional costs. transgender people. In fact, it saves money. When an influential person like the president says otherwise, it jeopardizes the health of the people who need it. Of course, this affects policy at the local and state level, not just at the federal level. It is important that we take this seriously, even if it is not a self-effective policy.
With regard to Title VII changes, the courts are heavily influenced by government administrations, so the DOJ’s memo could influence federal courts to rule more often in favor of employers and against protecting LGBTQ people.
What is Title VII of the Civil Rights Act 1964?
The law discussed here, Title VII of the Civil Rights Act 1964, is a federal law that prohibits employers (including private employers) from discriminating against “any person with regard to their compensation, conditions or privileges in employment, because of race, color, religion, gender or national origin of such a person. “
This includes all aspects of employment, including hiring, firing, and remuneration. In keeping with the sex indication of the person, the Equal Employment Opportunity Commission ruled that discrimination based on sexual orientation was illegal under Title VII in 2015. However, this did not oblige federal courts to legally follow this position, and Congress has not yet added a provision on sexual orientation as part of Title VII.
In 2014, Attorney General Eric Holder said Title VII also protects against gender identity, including transgenderism, but it is still unclear if this will remain the case under the Trump administration. Because of this ambiguity, different federal courts have ruled differently in cases of discrimination based on sexual orientation.
There are state laws that protect against discrimination based on sexual orientation and gender identity, but state cases require a greater burden of proof than federal cases. In addition, 28 states lack such protection , and three states have laws prohibiting local anti-discrimination laws .
What did the Department of Justice claim?
In its court record, the Department of Justice states that Title VII should not cover discrimination on the basis of sexual orientation. “This is not how it has been decided for decades. Any effort to amend the scope of Title VII should be directed to Congress, not the courts, ”the note said.
In 2015, a lower court decision stated that Title VII did not protect against sexual orientation. In April, the Second District of New York supported the decision.
Ultimately, however, it is up to individual courts to decide whether Title VII includes sexual orientation or not.
What’s next?
Many organizations responded by threatening legal action against the Trump administration and publishing resources for LGBTQ people, including transgender friendly crisis lines and a guide for trans and gender non-conforming people to understand their rights . The ACLU also has an admission form that allows people to seek help when they feel discriminated against.
It’s important to note, however, that LGBTQ rights have always been an important issue long before the Trump administration. In 2016, there were 27 murders of transgender people, mostly women of color, and 41 percent of transgender adults and 10-20 percent of lesbian, gay and bisexual adults reported attempted suicide .
Right now, there are many politicians advocating a rollback regarding LGBTQ rights, such as Kansas Governor Sam Brownback (who Trump appointed Ambassador-at-Large for International Religious Freedom on Wednesday), former North Carolina Governor Pat McCrory (who introduced HB2) and many, many others .