Justice Department Declares Anti-Gay Discrimination Is Constitutional

Reprinted with permission from Alternet

The Trump administration has just urged the U.S. Supreme Court to rule that firing an employee simply because they are gay is perfectly legal. The request comes in the form of a 34-page amicus brief, which was not required, but voluntary.

The brief, signed by Trump Solicitor General Noel Francisco, tells the Court it is the opinion of the administration’s Dept. of Justice that a “plain text” reading of the Civil Rights Act of 1964 does not protect gay people in the workplace from discrimination, including firing for being gay, as The Washington Blade, which was first to report, notes.

“The question here is not whether Title VII should forbid employment discrimination because of sexual orientation, but whether it already does,” the brief says. “The statute’s plain text makes clear that it does not; discrimination because of ‘sex’ forbids treating members of one sex worse than similarly situated members of the other — and discrimination on the basis of sexual orientation, standing alone, does not result in such treatment.”

President Trump has also stated he will not sign the Equality Act, which would specify that the Civil Rights of Act of 1964 does protect LGBTQ people from discrimination.

The Supreme Court will hear three cases related to anti-LGBTQ discrimination on October 8.