Monday, June 08, 2020

In This Time Of Heighten Awareness.

As we focus on the injustice and violence that the black community faces every day we are approaching the deadline on the Supreme Court rulings on many important cases.

The Washington Examiner a conservative newspaper reported that…
Supreme Court ready to spark fury on gay and transgender rights
By Nicholas Rowan
June 07, 2020

The Supreme Court this month will deliver a divisive ruling about whether or not Title VII of the Civil Rights Act protects gay and transgender people from employment discrimination.

The case, Harris Funeral Homes v. EEOC, is a consolidation of several cases involving gay and transgender people arguing that Title VII's prohibition on discrimination on the basis of sex should be expanded. It was heard in October and was the court’s first on the issue since the retirement of Justice Anthony Kennedy, who delivered the decisive swing vote in the landmark 2015 Obergefell v. Hodges case, legalizing gay marriage.

No matter how the court rules, the decision is expected to heighten partisan disagreements. If the court does not extend protections, it will draw the ire of gay and transgender activists. If it rules for them, outcry is expected from religious groups worried that their ability to hire people who align with their beliefs will be restricted.

One of the attorneys who participated in the case, John Bursch, of Alliance Defending Freedom, a legal group that specializes in freedom of speech cases, said that if the Supreme Court rules in favor of protections, the effects will be wide-reaching, particularly for women.
Alliance Defending Freedom is the law firm that has been trying to force us back into the closet by advancing the so called “religious freedom” to void the states non-discrimination laws, they are the law firm representing the two women who are suing CCAC over trans athletes.

From the conservative Supreme Court justices….
Justices Samuel Alito and Neil Gorsuch addressed the acrimonious climate on the decision during the case's arguments, both agreeing that they expect their decisions to be met with public negativity. Alito said that it is unlikely that the public would accept a ruling from the court with such a wide reinterpretation of Title VII, adding that such a decision would make the court act “like a legislature.” Solicitor General Noel Francisco, representing the Trump administration in the case, made a similar argument.
Education Week has an article about the up coming court rulings and they write,
Four Big Education Decisions Expected Soon From the U.S. Supreme Court
By Mark Walsh
June 5, 2020

The U.S. Supreme Court has entered the final stretch of a momentous and pandemic-challenged term with about 20 decisions in argued cases yet to come, and four of those involving K-12 schools or of great interest to educators and students.
[…]
Title VII and LGBT Employees
The court heard arguments back in October, on the second day of term, in three cases that asks whether the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 covers gay, lesbian, and transgender employees based on such status.

The cases are Bostock v. Clayton County, Ga. (No. 17-1618) and Altitude Express Inc. v. Zarda (No. 17-1623), which involve gay employees; and R.G & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (No. 18-107), which involves a transgender employee.

The cases are important to the education community because school districts and colleges are large employers, but also because the decisions may affect cases involving the right of transgender students to use restrooms and locker rooms or participate in competitive sports in ways that align with their gender identity.

Transgender issues in schools came up in the Supreme Court argument in the Harris Funeral Homes case, while lower court judges have acknowledged the high court's decision in the employment context may be influential for interpreting Title IX of the Education Amendments of 1972, which bars sex discrimination in federally funded educational institutions.
Another case they talk about is one religious schools.
Employment Law Enforcement in Private Religious Schools
In Our Lady of Guadalupe School v. Morrissey-Berru (No. 19-267) and St. James School v. Biel (No. 19-348), the justices are weighing where to draw the line between employees of religious schools who will remain protected by civil rights law and those who will not because they are considered ministers of the faith. The cases concern two teachers who taught lay subjects at two Roman Catholic elementary schools, but also had responsibilities to lead daily religious lessons or participate in prayer services.
So we should get ready for the ruling in the next three weeks.

As I wrote before I am giving it a slightly better than 50 percent chance of winning, I believe that Chief Justice Roberts is the swing vote and that he is leaning towards ruling that Title VII covers us and also lesbians and gays.

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