DOJ seeks to limit scope of landmark LGBT rights decision

The Department of Justice (DOJ) is seeking to limit the effect of a landmark Supreme Court ruling that protected LGBT individuals. A memo, released by the department on Jan. 17, curbs the power of the high court’s decision. According to the court ruling, employers are prohibited from discriminating against workers based on their sexual orientation or gender identity.

In Bostock v. Clayton County, the Supreme Court had rejected arguments by the Trump administration that federal civil rights protections do not extend to LGBT employees. The high court voted 6-3 that Title VII of the Civil Rights Act of 1964 also covers sexual orientation and gender identity.

Supreme Court Associate Justice Neil Gorsuch, who was appointed by President Donald Trump, penned the majority opinion. He wrote that an employer who terminated a homosexual or transgender employee “fires [them] for traits or actions it would not have questions in members of a different sex.”

The 23-page memo by Justice Department acting civil rights division head John Daukas acknowledged the “sweeping” court decision. But it said that the department should not extend the protections further to areas such as housing and education. Also, the memo suggested that some employers could cite religious beliefs as grounds to permit discrimination against LGBT employees.

“Unlike racial discrimination, the Supreme Court has never held that a religious employer’s decision not to hire homosexual or transgender persons ‘violates deeply and widely accepted views of elementary justice,'” the memo said.

Daukas further argued that while some broader aspects of federal anti-discrimination law apply to LGBT people, there are still broad grounds for employers to refuse to hire such employees on religious grounds. He cited a provision under the Religious Freedom Restoration Act of 1993. According to the said provision, an employer should not be forced to retain an employee undergoing a gender transition if it believes that doing so would make the employer go against their religious beliefs.

He also added that the reasoning in the Bostock case could provide ammunition to strike down affirmative action programs on the grounds that they favor racial minorities. The decision relied heavily on the text of the Civil Rights Act.

A Justice Department spokeswoman declined to comment on Daukas’ memo.

Biden administration set to do a 180-degree turn with LGBT policies

Aside from arguing that federal civil rights protections exclude LGBT people, the Trump administration also sought to block transgender recruits from military service.

The former president announced the transgender ban in July 2017 as the military needed to focus on “decisive and overwhelming victory.” But Senior U.S. District Judge Marsha Pechman shot down the ban, saying that it undermined the dignity of transgender personnel.

An appeals court later overturned the magistrate’s decision, allowing the ban to take effect.

Trump critics have called Daukas’ memo a last-ditch attempt by the outgoing administration. American Civil Liberties Union National Legal Director David Cole said the Trump administration lost the case. As a result, it is looking for every possible way to narrow down [Bostock‘s] implications rather than acknowledge the days of discriminating against people because of their sexual orientation or gender identity are behind us.” (Related: LGBT BULLIES: Biological male sues women’s shelter for not allowing him in, because he pretends to be a woman.)

Some officials named by Biden have opposed pronouncements by the preceding administration they deem as detrimental to the LGBT community.

Incoming defense secretary, retired Army Gen. Lloyd Austin (ret) has previously opposed the previous administration’s transgender ban. Meanwhile, Lawyers’ Committee for Civil Rights Under Law President Kristen Clarke is replacing Daukas at the Justice Department. She has opposed policies which, according to her, undermine the rights of LGBT persons. (Related: Homosexuals, transgenders to be “part of the fabric” of Dem convention nominating Biden.)

Visit GenderConfused.com to read more about the current administration’s pro-LGBT stance.

Sources include:

WSJ.com

NBCNews.com

Reuters.com