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Justice Department Tells Supreme Court Transgender Bias Is Not Sex Discrimination

by Axios | Updated on 10.24.18

The Department of Justice told the Supreme Court in a brief Wednesday that federal law does not shield transgender workers from discrimination on the basis of their gender identity — a position that conflicts the view of the U.S. Equal Opportunity Commission.

The big picture: The Justice Department under President Trump has previously argued against protections for gender identity and sexual orientation. The brief follows a New York Times report this week that said the Trump administration plans to define "gender" as biological and fixed at birth.


The details: A conservative group is asking the Supreme Court to overturn a lower court ruling that said a Michigan funeral home violated a federal anti-discrimination law when it fired a transgender worker over compliance with its dress code.

  • Solicitor General Noel Francisco told the court it should not take up the case until it decides whether to review two cases that ask whether sexual-orientation bias is a form of sex discrimination.
  • Francisco argued that if the court takes up the case, the transgender employee should lose, because anti-discrimination law does not cover gender identity.

The backdrop: There has been conservative legal efforts to cement “religious liberty” laws that would allow businesses and others to refuse service to LGBTQ people without violating federal law.

  • The Supreme Court is eventually expected to decide whether the Civil Rights Act’s ban on sex discrimination includes discrimination based on someone’s sexual orientation or gender identity.

-Khorri Atkinson

Axios

Written by Axios

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(98)
  • KansasTamale
    Voted Disagree
    10/25/2018
    ···

    Another leg of our democracy that is going to be kicked out from under us. The discrimination of Transgender people is just THAT -DISCRIMINATION. THAT IS NOT PART OF THE CONSTITUTION. We need to ask WHY the JUSTICE DEPT is saying they can be discriminated against?? WE HAVE A HUGE PROBLEM.

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  • David
    Voted Agree
    10/25/2018
    ···

    You are born male or female, that’s called biology AKA science. There is no other option, science is!

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  • Next
    10/25/2018
    ···

    Chickie, Jesus did say "Love thy neighbor as thyself, " but He also said "So God created man in his own image, in the image of God created he him; male and female created he them. Genesis:1:27 You see, we are supposed to love every person, but that does not mean we have to love or condone their sin. Being transgender is sin, not because God is mean, but because it is going against how He created you. If you are male, He created you to be male because that was His will for you and the best thing for you. Likewise if you are female. He loves everyone and wants everyone to fulfill the purpose He created you for in His way. His way is perfect.

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  • BadWxDude
    Voted Disagree
    10/25/2018
    ···

    The government doesn’t get to decide what science is acceptable to us and what isn’t because there are Evangelicals (who aren’t a majority) have infiltrated our courts and government. Get out of our bedrooms and think about what your true job is ... equal protection under the law for all. Not just the people you like. Not just your church mates. Everyone.

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  • ManfromNebraska
    Voted Agree
    10/25/2018
    ···

    You are either male or female. That can never be changed no matter what surgery one has. God created us what gender we are. Man can only recognize what God has created them as. God doesn’t make mistakes!

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  • Heather
    10/25/2018
    ···

    Just wanted to point out...that I actually did the research on determining sex at birth. There are about 10 different scenarios that happens one in every 1500 births. And, so to say you are either male or female just not the way it always works out. Please do some research before you speak out in such black and white terms. And, to not know that sort of suggests some ignorance or arrogance that does't help these people. Now, while I recognize some transgenders have an emotional connection, I think that the physical can be so inexplicable, that perhaps, our minds are also can feel differently also... These people should just be left alone and have the same rights as the rest of us. Life is tough enough. Stop trying to dictate the lives of others you know nothing about.

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  • JTJ
    Voted Agree
    10/25/2018
    ···

    Sex discrimination is a real problem that people should be protected from, because a person can not choose their sex. Transgender bias is self inflicted.

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  • Josh
    Voted Disagree
    10/25/2018
    ···

    Transgender rights are human rights and they should be equally protected.

    Like (14)
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  • Roger
    Voted Agree
    10/25/2018
    ···

    Sorry leftist snowflakes - you are either born a male or a female. Anything else is a biological anomaly caused by a defect brought about by faulty genetics or the environment. Just because you mutilate yourself to look like the opposite sex does not make you that sex. Silly leftist, the adults are back in charge of the country and cleaning up all your play time imaginary social problems. Get a job, get married, raise kids, find a moral religion and volunteer in your community. Then perhaps life will make sense to you.

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  • Brianne
    Voted Disagree
    10/25/2018
    ···

    Being transgender is not a choice! We did not chose to be this way, it’s just who we are! It’s recognized as a fact by the medical and scientific community. All we want is the right to live our lives as who we really are and that includes the right to not be discriminated against in employment, public accommodation and all other rights of American citizens. Freedom of religion does NOT constitute grounds for depriving others of their rights! Our government should recognize and defend our rights as vigorously as it collects taxes from to run the government!

    Like (9)
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  • David
    Voted Disagree
    10/25/2018
    ···

    The people in the DOJ writing that brief must be incredibly insecure in their sexuality, or have bosses who are. Anyone who has lived in the real world knows sexuality is not black and white. One has to wonder about what abuse has occurred to so strongly influence their perceptions and solidify such bias?

    Like (7)
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  • Nathan
    Voted Disagree
    10/25/2018
    ···

    Sexual identity should absolutely be protected from discrimination.

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  • I.Got.an.Idea...
    Voted Disagree
    10/25/2018
    ···

    “ALL MEN ARE CREATED EQUAL”. This says that regardless of any differences, if you are a Human Being, you are EQUAL. No discrimination or bias against anyone in the United States is legal. .... and these people are referred to as Leaders of our Nation? Having bias to benefit special interests, is unethical and immoral. Having bias against a group because you do not like how they look or how they speak or how much money they do not have or what religion they do or do not believe in, IS UNETHICAL and IMMORAL. It also appears to turn out as discrimination. REPUBLICANS, YOU can not reinterpret science to support your inhumane, immoral views, like you do with the Bible. This is why the United States needs to run everything through a reputable Ethics Review Panel.

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  • Christopher
    Voted Disagree
    10/25/2018
    ···

    It is absolutely discrimination based upon a conservative ideologues who reconciled immoral behavior as tradition and turn a blind eye to oppression because ‘might makes it right’. If they can take away the rights of some, they can take away the rights of us all.

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  • Chickie
    Voted Disagree
    10/25/2018
    ···

    The Evangelical Christians have separates themselves from the Doctrine of their faith. “Jesus said unto him, the first commandment is thou shalt love the Lord thou God, with all thy heart, and with all thy soul, and all thy mind. And the second is like unto it, Thou shalt love thy neighbor as thyself’. Matthew 22, Verses 36 - 40. (King James Bible). Compelling their faith to fall in line with their own opinion of what is right, what is wrong is not Christianity. By buying their vote from #45 just cements their hypocrisy.

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  • ManfromNebraska
    Voted Agree
    10/25/2018
    ···

    You are either male or female. That can never be changed no matter what surgery one has. God created us what gender we are. Man can only recognize what God has created them as. God doesn’t make mistakes!

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  • Jodi
    Voted Disagree
    10/25/2018
    ···

    Bigotry is alive and well in the Executive Branch and must be stopped.

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  • Jayden
    Voted Disagree
    10/25/2018
    ···

    If you are discriminating against someone for being trans you are discriminating because their gender identity does not align with their sex at birth. Which in turn is discrimination on the basis of sex because you are taking it into account when making your decision.

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  • Dara
    Voted Disagree
    10/25/2018
    ···

    Here we go with the homophobic religious community strong arming their beliefs through the courts. Sheer ignorance and stupidity.

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  • Mark
    Voted Disagree
    10/25/2018
    ···

    ...of course it did...

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  • Hillary
    Voted Disagree
    10/25/2018
    ···

    What difference could it possibly make to anyone how another person identifies? It’s not anyone’s business how another identifies because it has zero impact on anyone else! Stop trying to control others and work instead in controlling one’s self.

    Like (4)
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