Tag: ruling

Democrats demand end to Donald Trump’s abhorrent trans military ban once and for all in wake of historic Supreme Court ruling

Democrats demand end to Donald Trump's abhorrent trans military ban

Army Sergeant Shane Ortega laces up boots before posing for a portrait at home at Wheeler Army Airfield on March 26, 2015 in Wahiawa, Hawaii. (Kent Nishimura/Getty Images)

Democratic lawmakers have pressed for an end to Donald Trump ‘s ban on transgender people serving in the military, in wake of the Supreme Court’s landmark ruling on LGBT+ civil rights protections.

In its ruling last month, the Supreme Court made clear that anti-discrimination protections enshrined in the 1964 Civil Rights Act also protect people from discrimination in employment based on their sexual orientation or gender identity.

LGBT+ activists are hopeful that the ruling means that days are numbered for the ban on trans people serving in the armed forces, which was imposed in the wake of an infamous Trump tweet-storm in 2017.

Trump administration warned of ‘certain defeat’ over trans military ban

In a letter to Defense Secretary Mark Esper and Attorney General William Barr published Wednesday, Democrats in the House of Representatives urged the Trump administration to “immediately” eliminate the ban and cease resisting court action on the issue in the face of “almost certain defeat.”

The letter states: “This policy denies transgender people the ability to enlist in the military and puts transgender troops at risk of being discharged for living openly and authentically.

“The Bostock decision unambiguously clarified that Title VII’s prohibition against discrimination on the basis of sex includes protections for LGBTQ workers.

“Justice Gorsuch wrote ‘[t]he statute’s message for our cases is equally simple and momentous: An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.’”

Noting the four ongoing lawsuits challenging the ban working their way through the court system, the letter adds: “The US Supreme Court’s ruling in Bostock will provide significant weight to those already substantial claims: the principle announced— that gender-identity discrimination is discrimination ‘because of sex’—applies equally to claims under the Constitution.

“Prolonging the litigation in the face of almost certain defeat, and thereby prolonging the existing policy, will continue to inflict serious harm on transgender people seeking to serve our country and on those already serving while living in the shadows, enduring the dignitary harm of being told they’re a burden.

“This policy is an attack on transgender service members who are risking their lives to serve our country and it should be reversed immediately.”

Democratic lawmakers joined activists to rally against the transgender military service ban.
Democratic lawmakers joined activists to rally against the transgender military service ban. (Alex Wong/Getty Images)

The White House declined to comment on the letter, according to forces outlet Stars and Stripes.

The letter, spearheaded by Washington Democrat Suzan DelBene, is signed by 113 Democratic members of Congress, including every single out LGB House lawmaker – David Cicilline, Angie Craig, Sharice Davids, Sean Patrick Maloney, Chris Pappas, Mark Pocan and Mark Takano. There are no out transgender people elected to the House of Representatives.

Joe Biden has already vowed to immediately scrap trans ban

Presumptive Democratic presidential nominee Joe Biden has already pledged to scrap the ban if elected in November.

Former Vice President Joe Biden
Joe Biden has vowed to strike down the trans military ban (Michael Brochstein / Echoes Wire/Barcroft Media via Getty Images)

His policy plan makes clear: “Every American who is qualified to serve in our military should be able to do so—regardless of sexual orientation or gender identity and without having to hide who they are.

“Biden will direct the US Department of Defense to allow transgender service members to serve openly, receive needed medical treatment, and be free from discrimination.”

LGBT discrimination ruling supported by 9 in 10 adults

Supreme Court LGBT workplace discrimination ruling poll

Joseph Fons holding a Pride Flag in front of the U.S. Supreme Court building last week (Chip Somodevilla/Getty)

An incredible 90 per cent of people in the United States agree with the Supreme Court ruling banning workplace discrimination for LGBT+ people, according to a new poll.

Last week, the US Supreme Court ruled that LGBT+ people are entitled to protection from discrimination based on sexual orientation and gender identity in the workplace.

The surprise ruling extends sex-based employment discrimination protections to LGBT+ people in all 50 states.

And a new nationally representative poll of 1,001 adults in America has found that the vast majority of the public support the ruling.

90 per cent of adults support the momentous Supreme Court ruling on LGBT+ discrimination.

The poll, which was conducted by the Kaiser Family Foundation (KFF), found that 9 in 10 adults (90 per cent) agreed that it should be illegal to fire people because of their sexual or gender identity.

The poll also found that 7 in 10 Republicans agree that discrimination against LGBT+ people in the workplace should be illegal.

However, Republicans are also less likely to believe that LGBT+ people, as well as Black and Hispanic people, face discrimination.

Elsewhere, pollsters found that 69 per cent of adults support laws that ban discrimination against lesbian, gay and bisexual people, while 68 per cent believe trans people should be legally protected from discrimination.

That figure is similar to the percentage of people who support laws banning discrimination based on race (71 per cent) and disability (76 per cent).

Meanwhile, 79 per cent of those surveyed believe trans people face at least some discrimination in the United States, while 74 per cent thought the same was true for lesbian, gay and bisexual people.

The public is shifting more quickly on these issues than the political and legal landscapes are.

The poll revealed that 49 per cent of Americans believe society has “not gone far enough in accepting people who are transgender”, up 10 percentage points from a 2017 poll.

Conversely, just 15 per cent said society has “gone too far” in accepting trans people, while 32 per cent said it “has been about right”.

The poll was conducted between June 16-21 through telephone interviews in English and Spanish.

“Most Americans – including most Republicans – oppose discrimination against people who are lesbian, gay, bisexual, or transgender,” said KFF president Drew Altman.

“The public is shifting more quickly on these issues than the political and legal landscapes are.”

The ruling found that an employer who fires an LGBT+ employee because of their identity ‘defies the law’.

The poll comes just over a week after the Supreme Court delivered its surprise ruling.

In the court’s 6-3 ruling, conservative justice Neil Gorusch said: “It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.

“We do not hesitate to recognise today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law,” he said.

The ruling went against the Trump administration, which had intervened in the case to argue that the Civil Rights Act does not apply to LGBT+ people.

Trump’s Department of Justice had sought to assert that the Title VII provisions should only apply based on the “ordinary meaning of sex” as male or female, not covering sexual orientation or gender identity.