The Supreme Court’s Landmark Decision on L.G.B.T.Q. Rights

Posted on by Charles Bonkowsky

Last Monday, the Supreme Court ruled, 6-3, that the Civil Rights Act of 1964 protects L.G.B.T.Q. employees from workplace discrimination, writing in the majority opinion that “An employer who fires an individual merely for being gay or transgender defies the law”.

Title VII of the Civil Rights Act, the focus of the case, prohibits employment discrimination on the basis of “[the employee’s] race, color, religion, sex, or national origin”, and the court holds that such language also prohibits discrimination against L.G.B.T.Q. employees. Even if its drafters in 1964 didn’t believe they were protecting L.G.B.T.Q. employees, the majority, written by Justice Gorsuch, holds that “legislative history” (i.e. the intentions and expectations of those who wrote the law and how it has been previously applied) “has no bearing here, where no ambiguity exists about how Title VII’s terms apply to the facts.”

Gorsuch is a major proponent of textualism, a theory that states the meaning of the law turns expressly on the text itself, and takes no consideration of sources outside of it: the intentions of the lawmakers, what problem the law was designed to remedy, etc. Many were surprised by his decision—he was appointed by the Trump administration, who urged the court to rule against L.G.B.T.Q. workers, and is strongly tied to the conservative Federalist Society, who cast the case as a clash between religious liberty and the nondiscrimination laws—but it appears that his principles of textualism outweighed his own ideology (which is the purpose of textualism, to allow for neutral rulings based on the law itself rather than whatever a judge prefers).

The ruling lays out that discrimination against L.G.B.T.Q. employees fall under discrimination on the basis of sex. Gorsuch writes that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex,” and thus, discriminating or firing L.G.B.T.Q. employees on that basis constitute a violation of Title VII.

He lays out this rule in two examples:

“Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee’s sex…

“Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee’s sex plays an unmistakable and impermissible role in the discharge decision.”

He uses these examples to explain that, though the employers themselves wouldn’t state the employees’ sex as a cause for dismissal—the male employee isn’t fired because he is male, he is fired because he is gay—firing someone for those reasons “requires an employer to intentionally treat individual employees differently because of their sex.”

The decision was based on three cases: Bostock v. Clayton County, Ga, in which Gerald Bostock was fired for “unbecoming” behavior after joining a gay softball league; Altitude Express Inc. v. Zarda, where Donald Zarda, after working for several reasons with the company, was fired after mentioning he was gay, and R.G. and G.R. Funeral Homes Inc. v. Equal Employment Opportunity Commission, where Aimee Stephens was fired after telling her employer she was transgender.

Before Monday, it was legal in 29 states to fire workers for being L.G.B.T.Q., and the ruling marks a major victory for L.G.B.T.Q. rights across the country. Despite its monumentality, it is also a decision largely in line with public opinion: 72% of Americans said that nondiscrimination laws should apply to L.G.B.T.Q. employees, with majorities even among Republicans (60%) and independents (70%).

Religious Exemptions Might Still Be Granted

However, it remains unclear whether this ruling will end workplace discrimination against L.G.B.T.Q. employees in its entirety. The Supreme Court, in the fall, will consider the case of Fulton v. City of Philadelphia, where a religious group (Catholic Social Services) claims the right to violate anti-discrimination laws because of their religious beliefs. Their argument is based in the “free exercise” clause of the Constitution, as well as a previous decision that stated the government could not substantially impose on someone’s religious beliefs without “compelling state interest.”

Therefore, while protections for L.G.B.T.Q. workers have now been enshrined, it is possible that exemptions and religious exceptions may be carved out of those protections as well.

The full text of the decision, written by Justice Gorsuch, may be read here, joined by Justices Roberts, Ginsburg, Breyer, Sotomayor, and Kagan. Justices Alito, Thomas, and Kavanaugh dissented.

Top 20 Politician Tweets about George Floyd

Posted on by Connor Haugen

Co-Author: Claudia Morales

The nation and the world are seeing the largest movement for race equality since Martin Luther King Jr. Peaceful protests to riots, the death of George Floyd has sparked a powder keg. Many Americans are outraged.

This came right after the loosening of restrictions from social distancing. Many government officials have an opinion on this issue. Here are the top 20 from some of the biggest names in government right now.

20. Cory Booker

Senator Cory Booker of New Jersey has shown active support for the Black Lives Matter movement. On June 2nd he attended a Senate Judiciary Committee hearing to co-sponsor a bill that would prohibit police officers to engage in a choke-hold, eliminate racial profiling, increase police accountability, etc. Furthermore, Booker is wanting to end qualified immunity for police officers. Even though there is concern for a surplus number of lawsuits filed against police officers without immunity, Booker believes that priority should be placed on civilians being able to take civil action against police officers if their rights are violated.

19. Keisha Lance Bottoms

After a long day of peaceful protest in Atlanta on May 29th, riots overturned the evening into a disaster. The city began burning in flames as the situation got out of control and police officers turned to tear gassing to disperse crowds. Mayor Keisha Lance Bottoms attended a press conference at City Hall that same night to deliver a speech that received high appraisal by the nation. She expressed, “When I saw the murder of George Floyd, I hurt like a mother would hurt . . . What I see happening on the streets of Atlanta, is not Atlanta. . . If you care about this city, then go home.” Her speech proved to be effective because many returned home that night shortly after it.

Mayor Bottoms implemented a city curfew immediately, but since then there have only been peaceful protests so the curfew has been lifted. She has been serving as mayor since 2017. According to the Washington Examiner, her prospects of being vetted as a nominee to become Joe Biden’s vice president has improved as she has gained the spotlight for delivering an extraordinary speech.

18. Gavin Newsom

Along with other major cities, Los Angeles has witnessed a lot of rioting these past couple of weeks. Governor Gavin Newsom has seized the opportunity to meet with the community members and leaders to discuss police brutality and racism. He is also meeting with multiple mayors to further discuss the Black Lives Matter Movement and what can be modified in their system to provide equality to black members of the community. Many of them are considering cutting the police budget.

Newsom has recently expressed his opposition to the use of force against peaceful protesters on Twitter. He is “Calling for the creation of a new statewide standard for the use of protests” which will not be tolerated. Newsom’s approval ratings have increased significantly.

17. Tom Wolf

Philadelphia is one of the cities that has captured the nation’s attention as multiple police vehicles were set on fire, police officers were injured, and local businesses were looted. Governor Tom Wolf implemented a night curfew and declared a state of emergency calling on the national guard.

However, Governor Wolf has recently done something that is not being commonly done by other governors, he joined the protesters. Marching from Harrisburg capitol to a community center protesting police brutality and racial injustice.

16. Kate Brown

Oregon Governor Kate Brown is currently dealing with two critical issues: handling the protests in her state and challenging a county court rule in which churches can reopen. She is supporting the Black Lives Matter movement and is praising protestors. Governor Brown even included how “I count myself as one of the many white politicians whose good intentions haven’t done enough to tackle the scourge of systematic racism.” She promised that she will push for state level work to focus on racial equality.

On the other hand, multiple rural churches are challenging her COVID-19 state orders. Judge Matthew Shirtcliff issued an injunction on Brown’s order, but the State Supreme Court immediately stepped in. The court is now awaiting to set deadlines for the case.

15. Henry McMaster

Governor of South Carolina, Henry McMaster, is supportive of Trump’s perspective on how to handle protests as he witnessed firsthand the state confronting massive riots. There were historical statues being graffitied, looting, setting fire to police vehicles, etc. McMaster recently had a telephone call with Trump describing the chaos of the situation. He specifically pointed out the difference between protests that were handled on different days with force compared to those that were not. McMaster even acknowledged that Trump was right about the urgency of sending a heavy police force.

However, McMaster later tweeted support for peaceful protesters. He expressed understanding for the anger members of the community are feeling about racial injustice.

14. John Kasich

Governor John Kasich, a former 2016 Republican presidential nomination, is vocalizing his understanding for members of the community feeling frustrated and angry due to racial injustice. He has been working on issues that are centered on racial injustice since December. After the Cleveland Division of Police came under scrutiny for gunning down a 12 year old black boy named Tamir Rice, he created a task force. This task force is currently working on a state policy regarding the use of deadly force by police. The practice of recruiting and hiring police officers is also going to be modified.

13. Ron DeSantis

Governor of Florida Ron DeSantis had a telephone call meeting with Trump and other advisors, he increased the amount of police force in Florida and implemented a curfew. In a statement released by DeSantis, he proclaimed that, “Florida has zero tolerance for violence, rioting and looting . . . George Floyd’s murder was appalling . . . but this cannot be used as a pretext for violence in our Florida communities.” The amount of resources that Florida has available for security include mobilizing 700 National Guard soldiers and 1300 Highway Patrol troopers. Many protesters have since been arrested for not following curfew and misbehavior conduct.

12. JB Pritzker

Following the unrest of protesters, looting, and disaster that has taken place in Chicago, Governor JB Pritzker was one of the many governors who participated in a conference call with Trump. Pritzker confronted him by expressing how “I wanted to take this moment . . . to speak up and say that I’ve been extraordinarily concerned about the rhetoric that’s been used by you,” according to CNBC Chicago 5. Trump responded by shifting attention to the concerning rhetoric from Pritzker regarding the pandemic. Governor Pritzker and Mayor Lori Lightfoot both then publicly criticized Trump for his response in handling the situation in Minneapolis.

11. Mitt Romney

Senator Mitt Romney has recently made headlines for being the first GOP senator to actively participate in a Black Lives Matter protest. He marched with a Christian group in Washington D.C. He tweeted that “We need a voice against racism, we need many voices against racism and against brutality.” Although, he was recently criticized by Trump for participating in the march.

10. Gregg Abbott

Texas Governor Gregg Abbott has stated that, “This is the most horrific tragedy I’ve ever personally observed,” and has personally visited the Floyd Family. He has also hinted that there may be something called the George Floyd Act which would see to the restructuring of police departments and services.

His state had special attention as George Floyd’s service and burial where held in Huston.

9. Andrew Cuomo

Governor of New York Andrew Cuomo has stated that George Floyds death should not go in vain. He has stated that this is a time for change and for the nation to learn something. He is saying that this was due to decades of racial injustice.

He has also said that it is time for a new era of policing and called out Trump’s reaction as crude, mean and irresponsible.

8. Gary Herbert

Utah Governor Gary Herbert has stated support for the police and use of the national guard in Washington D.C. He has also stated that he is deeply saddened by George Floyds death, calling it “inhumane” and “Brutal.” Violent protests broke out in Salt Lake City as those asking for change not only mourned George, but local man Bernardo Palacios-Carbajal. who was gunned down by police.

7. Jay Inslee

Governor of Washington D.C Jay Inslee stated his opinion on reforming policing. He has urged those in his community to propose new legislation. He is meeting with Ethnic Minority leaders and the police department to come to the best conclusions. President Trump reached out to Governor Jay Inslee through a tweet. Trump expressed concern for the city of Seattle and the urgency of the governor and mayor to take control of the riots.

He has also heavily criticized Trump and his remarks on deploying the national guard to stop protestors stating that “These are the rantings of an insecure man trying to look strong, after building his entire political career on racism and the lie of birtherism.

6. Nancy Pelosi

Speaker of the House Nancy Pelosi has had little public statement on George’s death and protests. Participating in the moment of silence and kneeling in the Emancipation Hall for 8 mins 46 seconds. Each major member wearing Kente cloth, a traditional African scarf, has brought heavy criticism as a PR play rather than respect.

Nancy is also on board for police reform and went over some of the changes she and other members of the house would like to see like demilitarization and lynching as a federal crime and the tearing down of confederate statues.

5. Tim Walz

Tim Walz, Governor of Minnesota, has been vocal about how tragic this event has been. Going to the site where the death of George Floyd occurred he has stated that he is afraid of “white politicians appropriating black pain.” He went on to say that he is saddened that he has become friends with mothers because of events like this coming to light. He also asked his state early on June 9th to have a moment of silence in honor of George for 8 min 46 sec, the time George was on the ground suffocating.

4. Bill Barr

Attorney General William “Bill” Barr is for the police force. He has stated in interviews that a majority of Police are good people and that policing is one of the toughest jobs. He stated that you shouldn’t “automatically [assume] that the actions of an individual necessarily mean that their organization is rotten.”

Bill was involved in the unwarranted clearing of peaceful protesters so Trump could have a photo-shoot in front of a church.

3. Barack Obama

The first black president in office for two terms and a hero to many people of color, Barack Obama has been active in stating his opinion on reform. He also started and still funds the My Brother’s keeper alliance “so that every boy and young man of color in America would know that their dreams mattered as much as any other child’s.”

He has also written articles on how protesters and activists can bring real change to this problem. Being one of the best examples that equality has come a long way, but still have much further to go.

2. Joe Biden

Taking this opportunity, Joe Biden has been continually active on social media. Talking with Hollywood actor Don Cheadle, who plays Roadie in Iron Man 2 and Avengers series. Not making a direct appearance at his funeral, Joe did make a video to be played stating his condolences and understanding at the loss of loved ones.

He has also stated that reform is in order for banning choke-holds and having more accountability for officers’ actions.

1. Donald Trump

Many are criticizing Trump on his reaction to the protests. From tear gassing to clear a way to St. John’s Church, an Episcopal church, for a photo shoot. He has been retweeting videos judging George Floyd’s character (this has since been removed from his twitter feed).

The video judged George’s character and criminal history but still said that what police did was wrong. He has also tweeted, stating that official’s “Should have let police do their job and brought in National Guard on Day One, not Day Four!” in a Tweet about the protests turned into riots.

How Covid-19 and Black Lives Matter will Affect the 2020 Presidential Election

Posted on by Claudia Morales

The country has experienced a rocky start to the year with the pandemic and is currently dealing with massive protests and riots regarding racial inequality. These two events are among several other factors that will influence the presidential election of 2020.

The COVID-19 Pandemic

When COVID-19 was officially confirmed to have reached the U.S in January, the virus gradually began taking a toll on the country. President Trump then implemented social restrictions in March and people’s daily routine became disrupted as the new norm of daily life emerged. Social distancing is being practiced nationwide. As a result businesses across the nation closed temporarily, while others permanently closed, and schools transferred to an online system. As the virus started spreading the economy began to dwindle. Many companies and businesses hit a financial crisis. Therefore, the loss of revenue has led to the furlough and reduced hours of employees. According to The Daily Wire, the employment rate in the U.S dropped 13.3% for the month of May. In addition, the stock market has fallen, oil prices have crashed, and traveling has significantly decreased since travel bans have been placed globally.

However, after several months of practicing social distancing many states are now reopening under the direction of President Trump. The CDC is also providing guidelines on how to safely do so. The race for a vaccine continues and there is pending hope that a vaccine might be developed and ready to be distributed to the public by the end of this year.

The Black Lives Matter Movement

On March 25th, the death of an unarmed black man named George Floyd sparked the nation in an outrage. A police officer was taking him into custody and eventually kneeled on his neck to detain him, but Floyd stopped breathing. Hundreds and thousands of individuals are now protesting for him, equality, and against police brutality. The Black Lives Matter movement has resurfaced since 2014. States like Minnesota, California, New York, and Pennsylvania are currently grasping the media’s attention as protests are becoming violent and resulting in riots. Many states are now implementing curfews to attempt to maintain civilians safe and prevent riots from reoccurring. Since March 25th, CNBC reported that there have been over 100 protests, rallies, and vigils, and hundreds of protesters have been arrested.

The Presidential Election of 2020

The presidential election will be proceeding in the fall, but how will these external factors play a role in voting? Currently, the presidential nominees are not able to campaign as before due to the risk of contracting the virus when meeting hundreds of people. There is also still uncertainty regarding how voting will be conducted. The effects of the virus are already being witnessed as the primaries are resulting in challenges for those overseas to vote or even cancelled party fund-raisers. Furthermore, how the president has responded to the pandemic is up for debate while some praise him and others critique him. Former President Obama publicly criticized Trump’s administration while participating in virtual graduation speeches for high school students. He expressed how Trump’s administration has been mishandling the pandemic. On the other hand, as Trump encourages governors and states to reopen during the pandemic, he received support from protesters demanding that the economy open again.

Moreover, the Black Lives Matter movement is influencing the presidential candidates and how they will respond to racial inequality. President Trump recently mentioned how he is an ally of peaceful protesters and explained how George Floyd’s death is tragic. Joe Biden visited a Black Lives Matter Protests site where he delivered a speech in support of the movement. According to the Politician Compare, the poll ranking of Trump and Biden display a gap. Biden is leading with a poll ranking of 47% compared to Trump who is at 44%. Only time will tell how the pandemic and the movement will affect the presidential election this year.

Looking To The Past as We Vote For The Future

Posted on by Ben Carron

It’s hard to imagine a time when the United States was more divided than it is today. The Civil War, of course, happened, and the 1960s, with protests over the Vietnam War and civil rights. The United States of today is experiencing its own divide, with the Democratic and Republican parties seeming almost like warring factions rather than political parties. And with 2020 being an election year, the divide will only grow larger, especially after the presidential election when the future of our nation becomes more clear.

For many Americans who have grown up in the past two decades, this will be their first chance to vote in an election, and there are plenty of topics  such as immigration, abortion, foreign policy and many others will be at the forefront of their minds when they cast their ballots. Others may have seen this many times already in their lives. But what is certain, is that this election cycle in our current political climate has both sides worked up. It’s helpful to look to the past and revisit those who have influenced politics in positive ways and look to their examples.

One figure from America’s past who can be looked back on for their positive actions is Robert F. Kennedy. To this day, people who lived during the same time as him still remember him and his efforts to bring equality and fairness to a divided nation. If Robert F. Kennedy was a part of our current political landscape, maybe there would be less division and more unity.

Who Was Robert Kennedy?

Born in 1925 to the Kennedy family, Robert was the younger brother of President John F. Kennedy. After service in the Navy in WWII, Robert would go on to serve on the committees for his brother’s Senate and presidential campaigns. After helping his older brother win the presidency, Robert Kennedy would be appointed as United States Attorney General and advisor to his older brother. As Attorney General, Robert Kennedy fought relentlessly against organized crime and the Mafia. Kennedy was passionate about civil rights and worked with Martin Luther King Jr. and Cesar Chavez. In 1968, after the assassination of King, Robert Kennedy, in what has come to be considered one of history’s greatest speeches, spoke to a crowd in Indianapolis asking for calm, love and compassion and understanding when it came to racial tensions dividing the nation at that time. Riots broke out in cities across the nation after King’s death, but not in Indianapolis, a fact attributed to Kennedy’s speech.

After the assassination of his brother, Robert Kennedy successfully ran for Senate and in 1968 was a presidential candidate. Unfortunately, he met his demise in the same way as his older brother: assassination. Kennedy was shot on June 5, 1968 by Sirhan Sirhan, and died the next day. One can only speculate how history may have played out had Kennedy not been assassinated. His legacy of fighting for the disenfranchised, fighting crime and corruption and calling for unity and peace throughout the United States, however, lives on.

Why He Matters Today

It’s now been over 50 years since Kennedy’s death, but many of the issues he dedicated his life to fighting still exist. The United States is as divided as ever on issues related to race, immigration, healthcare, abortion and others. Some support building a wall along the southern border, others want to accept immigrants and refugees. The issue of equality for all and fair treatment is still a hot topic in the US, as issues regarding race are still being discussed and fought over, more than 50 years after Robert Kennedy made it one of the main focuses of his presidential campaign. Corruption by those in power is still an issue, sometimes one that many people aren’t even aware of. Robert Kennedy worked tirelessly as Attorney General to fight corruption and crime by those in power. The issues of today are not so different from issues of the past.

Regardless of where one stands politically, left, right or anywhere in-between, there are countless figures from America’s past that can continue to inspire and influence people today. Politician Compare makes it easier than ever to see where a candidate stands on the issues.  Rather than be divided by the issues, many of them the very same issues that have been prevalent for more than 50 years, people should look to those who strove to fight injustice and inequality and promote peace in the United States and abroad, figures such as Robert Kennedy and others.