Friday, August 30, 2019

Closing out the week as I prepare for Dorian - NOM (of course)

Brian S. Brown
Brian S. Brown's latest bite of bullshit is entitled: NOM Files Critical Legal Brief With Supreme Court. “Critical” I will have you know, along with the tsunami of other briefs from the religious right. These include offerings from Mark Regnerus' outfit and, of course, the hate group American College of Pediatricians (Regnerus helped with that one too). There are many more.

There are three cases before the Supreme Court in the coming term that directly involve LGBTQ litigants. At issue is whether or not someone can be fired for being gay or trans and whether that violates Title VII prohibitions against sex discrimination.

Zarda v. Altitude Express and Bostock v. Clayton County are consolidated. The ruling will determine whether sexual orientation discrimination amounts to sex discrimination. In Harris Funeral Homes v. EEOC the Court will decide whether anti-transgender discrimination is a form of sex discrimination.

Mr. Brown must think that everyone is stupid. One amicus brief yields:
NOM is still allowing John Eastman to participate in the looting:
NOM's legal brief in the three cases pending before the US Supreme Court was written by our Chairman, Dr. John Eastman. The Supreme Court will hear oral argument in the three cases on October 8th and a ruling is expected sometime next year. We will follow developments closely and keep you up to date.
I do not have high hopes for the cases before the Supreme Court in the coming term. Replacing Kennedy with Kavanaugh swung the Court more to the right.

The more troubling case, in my opinion, does not involve LGBTQ litigants. It is Ricks v. State of Idaho Contracting Board. If the Court chooses to hear the case then the justices will revisit Employment Division v. Smith.

Were the Court to overturn Smith then that opens the door to an expectation of religious exemptions to state and municipal nondiscrimination laws. That, in turn, would eradicate every LGBTQ nondiscrimination protection in the United States.

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