NEW YORK (AP) — A New York federal appeals court says U.S. anti-discrimination law protects employees from being fired due to sexual orientation.
The 2nd U.S. Circuit Court of Appeals ruled Monday.
The decision stemmed from a rare meeting of the full appeals court, which decided to go against its precedents.
Three judges dissented. The ruling pertained to a skydiver instructor who said he was fired after telling a client he was gay.
The case led to two government agencies offering opposing views. The Equal Employment Opportunity Commission said Title VII of the 1964 Civil Rights Act covers sexual orientation. The Department of Justice had argued that it did not.
Donald Zarda was fired in 2010 from a skydiving job in Central Islip (EYEl-slihp), New York. He has since died.
“It wasn’t the intent of Congress when it was enacted to cover sexual orientation blah blah something something.”
So I guess everyone should be limited to muskets, eh?
Wow, only early Monday morning, and the Tangerine Toddler is already 0 for 2 in significant court decisions.
Keep 'em coming…
I know this seems trite to say, but there’s something seriously fucked up when the Dept. of Justice is intent on arguing against equal rights for an American citizen. Just a little over year ago it was more than ready, willing and able to defend people with regards to their civil rights. Not no more. Glad this court reached the decision it did. I’m sure we haven’t heard the end of this case however. Just watch, Sessions will order the DOJ to take this decision to the Supreme Court in an effort to override the appeal. He’s already dismantled the Civil Rights Division pretty much at DOJ and had whoever is left is told to focus on bullshit.
This is the inevitable result of having KuKlux Keebler in charge of the DoJ.
Conservatives, as a rule, are thrilled when they get to deny basic civil rights to others.
The court thinks that we have waited long enough to recognize that sexual orientation is no more a choice for non-hetero persons than it is for hetero persons, so that discrimination on the basis of sexual orientation is very much like discrimination on the basis of gender or race.
The decision is a hopeful sign. I worry that the Supreme Court will kill it and say that Congress had 50 years to change the legislation and it is not for the court to make a change that so clearly is not the intent of Congress.