SUPREME COURT WEIGHS IN ON WHAT SEXUAL ORIENTATION MEANS AND IF IT INCLUDES LGBQT RIGHTS

lgbtq

The Supreme Court weighs in on LGBQT rights in a case that will define if Title VII represents the gay community. I’m not a legal scholar nor am I a lawyer nor do I play one on TV but I have represented myself in court and I lost horribly but I did learn a few things, number 1, hire a lawyer and number 2, the courts are not really about common sense but interpreting the laws that are already in place, some of which make no god damn sense at all. I’m going to try and see if I, as a failed pro se litigant, can make sense of what is going to happen. The nine justices are going to interpret whether or not sexual orientation under Title VII of the civil rights act pertains to the gay community. There are two ways to do that. The first is to figure out if congress meant to say that sexual orientation was originally written to cover gay people when implemented, the second is to read the law literally and ask does the words sexual orientation actually means who you are attracted to sexually, whether hetero or homo in sexuality, or what genitalia you were born with. The good news for the plaintiffs, the gay community, is that the law didn’t specifically say one way or the other what it meant. Orientation is a real fluid word that can be interpreted as to mean that whomever you are oriented to be attracted to, thus fitting the definition of sexual orientation. The other good news is that gender is represented under Title VII. In 2012, the EEOC ruled that employment discrimination on the basis of¬†gender identity¬†or¬†transgender¬†status is prohibited under Title VII. The decision held that discrimination on the basis of gender identity qualified as discrimination on the basis of sex whether the discrimination was due to sex stereotyping, discomfort with the fact of an individual’s transition, or discrimination due to a perceived change in the individual’s sex. The plaintiff’s have previous case law and enforcement on their side. This doesn’t guarantee them a win, as a matter of fact, the case is being brought forth because of those cases. The prevailing thought is to feel that discriminating against anyone for any reason that doesn’t harm you, just your sense of religious right and wrong, and even that’s questionable, isn’t a good reason to fire someone but that’s not the Supreme Court’s mandate in deciding this case, it’s to decide or decipher what congress meant when they wrote the provision for the Civil Rights Act. The court has some leeway here, since sex or sexual orientation is such a broad term and can include LGBQT, the justices could just conclude that it is part of the Civil Rights Act, they can also ask congress to clarify the provision without making a ruling (I think), or they could say that it was not the original intent and shoot the case down, which would be disastrous and set the country back some 30 or 40 years by forcing people to hide their true nature just to gain employment. The thought that a person that is gay can be fired just because he/she is gay is obviously flawed and their should be protections for such discriminatory behavior. The fact is that it would be taken up by congress if the plaintiffs failed in their bid (I would hope) and give protections to these people. The prudent and just thing, now this is my opinion, is to have the justices rule in favor of the plaintiffs and give them a much deserved and common sense win, since the law is so broad and open to interpretation, because it will eventually happen and why make these people wait for what we all know is the right thing to do. The ruling will be saying love who you want, it’s your choice not your bosses. Now that makes sense, doesn’t it?