SCOTUS Split on Whether Title VII Bars LGBTQ Employment Discrimination, Gorsuch ID’ed as Possible Swing Vote: REACTIONS

SCOTUS Split on Whether Title VII Bars LGBTQ Employment Discrimination, Gorsuch ID’ed as Possible Swing Vote: REACTIONS

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Today the U.S. Supreme Court heard arguments on Title VII and LGBTQ job discrimination, hearing cases involving whether someone can be fired from their job for being gay or transgender. Background on the cases HERE.

Read the transcript of the two consolidated cases, Bostock v. Clayton County and Altitude Express v. Zarda, HERE.

Gorsuch has been identified as a possible swing vote.

The Washington Blade‘s Chris Johnson reports that Justice Neil Gorsuch emerged as a potential ally for LGBTQ workers based on his questioning: ‘Gorsuch, a Trump-appointed justice who considered himself a textualist, asked many questions suggesting he’s at least considering the idea of anti-LGBT discrimination is a form of sex discrimination, thus prohibited under Title VII of the Civil Rights Act of 1964. … Throughout the arguments, Gorsuch made several inquiries on whether the concept of sex is inseparable from anti-LGBT discrimination. At one point, Gorsuch asked, “Isn’t sex also at play here?” and gave an example of a employer firing a man for being attracted to another man as an example of sex discrimination. … To be sure, Gorsuch also asked questions about whether employers could keep sex-segregated bathrooms under LGBT-inclusive Title VII.’

Bloomberg reports: ‘The two-hour session Tuesday suggested that LGBT advocates had at least a chance to win the vote of conservative Justice Neil Gorsuch, along with the court’s four liberal members. Gorsuch sent mixed signals, calling the case “really close.” … Trump’s other appointee, Brett Kavanaugh, said very little and didn’t tip his hand. … Another conservative justice, Samuel Alito, was skeptical of the workers’ claims, at one point telling the lawyer for two gay men that “your whole argument collapses.” … Chief Justice John Roberts expressed concern about the impact on religious organizations if the high court were to side with LGBT workers. He was one of several justices who asked what the cases could mean for single-sex bathrooms.’

Here are some initial reactions via Twitter from those in the room.

Bloomberg’s Greg Stohr:

Gorsuch says that when a person is fired because of sexual orientation, that person’s sex is at least a “contributing cause.”

— Greg Stohr (@GregStohr) October 8, 2019

Liberals all seemed firmly on employees’ side. Kagan says language of Title VII “pretty firmly” backs gay workers’ claims.

— Greg Stohr (@GregStohr) October 8, 2019

Again, all of above is based on first half of argument, which centered on sexual orientation (though there was also some discussion about gender identity).

— Greg Stohr (@GregStohr) October 8, 2019

Slate’s Mark Joseph Stern:

Solicitor General Noel Francisco told the court that LGBTQ equality will lead to men in women’s showers. Lots of arguments about bathrooms. Cringe-worthy.

Pam Karlan was INCREDIBLE. Her turn at the lectern was powerful and bold and witty and perfect. I was blown away.

— Mark Joseph Stern (@mjs_DC) October 8, 2019

Kavanaugh asked one question: Whether the anti-LGBTQ side was “drawing a distinction between the literal and ordinary meaning” of discrimination “because of sex.”

I’m not sure he has made up his mind. I suspect that when he does, he will side against LGBTQ rights.

— Mark Joseph Stern (@mjs_DC) October 8, 2019

Gorsuch seemed ambivalent, but said that “when a case is really close on the textualist evidence,” the court should refuse to work “a drastic change in this country.” I think he will cast an anti-LGBTQ vote and claim judicial modesty.

— Mark Joseph Stern (@mjs_DC) October 8, 2019

There was a low-key beautiful moment when Kagan almost referred to a trans person’s “biological sex,” then stopped herself and thought for a moment and said “sex assigned at birth” instead.

— Mark Joseph Stern (@mjs_DC) October 8, 2019

Anyway I think the court will reject the argument for LGBTQ equality by a 5–4 vote, with the five conservatives claiming judicial modesty and saying Congress has to deal with this.

But I wouldn’t say there’s NO cause for hope. It was not a wipeout for LGBTQ rights by any means.

— Mark Joseph Stern (@mjs_DC) October 8, 2019

Washington Blade‘s Chris Johnson:

Gorsuch, a textualist, asked many Qs about if “sex is also in play” in cases of anti-LGBT discrimination.

To be sure, Gorsuch also asked Qs about whether employers could keep sex-segregated bathrooms under LGBT-inclusive Title VII.

— Chris Johnson (@chrisjohnson82) October 8, 2019

LGBT people should definitely *NOT* expect support from Chief Justice John Roberts.

His questions pointed out Congress didn’t intend to include LGBT people in 1964, bathroom issues and states doing the job to ban anti-LGBT discrimination.

— Chris Johnson (@chrisjohnson82) October 8, 2019

The 4 liberal justices – Breyer, Ginsburg, Sotomayor and Kagan- were forceful in advocating for LGBT inclusion under Title VII.

Breyer had a great line that Congress intended the Civil Rights Act to end invidious discrimination and would have included LGBT people if passed now.

— Chris Johnson (@chrisjohnson82) October 8, 2019

Here’s a question Gorsuch poised to @Aclu’s David Cole that I think encapsulates the justice’s thinking:

“Assume for a moment that I’m with you on the textual argument. Should the court be concerns about the massive social upheaval that would ensue?”

— Chris Johnson (@chrisjohnson82) October 8, 2019

All in all, hard for me to predict outcome of the LGBT cases based on Title VII arguments.

But if the LGBT side does win, it may be Justice Gorsuch who takes it over the finish line.

— Chris Johnson (@chrisjohnson82) October 8, 2019

SCOTUSblog’s Amy Howe:

#SCOTUS just finished oral arguments on whether federal civil rights laws protect LGBT employees. Case could hinge on Justice Neil Gorsuch, who acknowledged that question is close but also expressed concern about “massive social upheaval”

— Amy Howe (@AHoweBlogger) October 8, 2019

The Economist‘s Steven Mazie:

The hearings were dominated by conceptual and interpretive questions. But near the end, Justices Breyer & Sotomayor summoned the big picture of the purpose of the civil rights movement: protecting people from invidious discrimination.

— Steven Mazie (@stevenmazie) October 8, 2019

Gorsuch said it was a close textual case, but suggested that “judicial modesty“ militates against sparking an “upheaval“ in the definition of sex discrimination. A signal of the concurrence he may have already written in his mind?

— Steven Mazie (@stevenmazie) October 8, 2019

Zoe Tillman from Buzzfeed News:

A few quick takeaways from the Title VII arguments, more to come in a bit:
– Justices on both sides of ideological spectrum are clearly really focused on the issue of bathroom use and the rights of transgender individuals, even as lawyers kept saying this is not that case

— Zoe Tillman (@ZoeTillman) October 8, 2019

– Setting aside Kavanaugh, the court’s conservative arm spent time exploring the arg that this is a matter for Congress, and not the courts, to decide. On the other side of that coin, the liberal arm asked Qs about historical role of courts in protecting rights

— Zoe Tillman (@ZoeTillman) October 8, 2019

ACTIVITY OUTSIDE THE COURT.

Approximately 20 people from Housing Works were arrested protesting outside the court, the Washington Blade reports: “We already live in a world where people who don’t fit societal conventions of gender expression are subject to stigma, discrimination, verbal and physical abuse, and even being killed for who they are,” said Housing Works CEO Charles King in a press release that Housing Works issued earlier this week. “This is compounded for our transgender, non-binary and gender non-conforming brothers, sisters and siblings. We are mobilizing this action because we are deeply concerned and angered that the gates could be opened to losing rights and protections in the workplace, in education, healthcare, the military and beyond.”

BREAKING NEWS: Dozens of @housingworks members are blocking First Street, N.E., in front of the U.S. Supreme Court in an act of civil disobedience. My colleague @MichaelKeyWB says Capitol Police have begun to arrest the protesters @WashBlade @LosAngelesBlade pic.twitter.com/xONCgPRlPg

— Michael K. Lavers (@mklavers81) October 8, 2019

Laverne Cox on steps of Supreme Court: “I am so incredibly honored and overwhelmed that I got to be present on this historic day,” when “the very first case involving transgender rights was argued before the Supreme Court.” t.co/vJJTruAqpm pic.twitter.com/x7RgNu0bqp

— ABC News (@ABC) October 8, 2019

The post SCOTUS Split on Whether Title VII Bars LGBTQ Employment Discrimination, Gorsuch ID’ed as Possible Swing Vote: REACTIONS appeared first on Towleroad Gay News.


SCOTUS Split on Whether Title VII Bars LGBTQ Employment Discrimination, Gorsuch ID’ed as Possible Swing Vote: REACTIONS

People are really confused about this upcoming ‘Little Mermaid Live!’ thing starring John Stamos

People are really confused about this upcoming ‘Little Mermaid Live!’ thing starring John Stamos

ABC just released the first trailer for The Little Mermaid Live!, set to air on November 5, and people aren’t sure what to make of it.

Just to be clear, this is different from the live action remake of Disney’s The Little Mermaid that’s set to go into production early next year.

The live TV production will feature up-and-comer Auli’i Cravalho as Ariel, Queen Latifah as Ursula, and Graham Phillips as Prince Eric. John Stamos will play Chef Louis, and Shaggy (huh??) will play Sebastian.

According to ABC, The Little Mermaid Live! will offer TV audiences a “never-before-seen hybrid format that will take viewers on a magical adventure under the sea as live musical performances by a star-studded cast are interwoven into the broadcast of the original feature film.”

OK, so based on that description, it sounds like ABC is going to air the original 1989 cartoon version of The Little Mermaid interspersed with real humans dressed as the cartoons performing the musical numbers. Sort of like a concert. Or something.

Here’s the trailer, which offers very little clarity on what exactly this is going to be…

Twitter seems to be having a difficult time wrapping its head around the whole thing.

Many are having trouble understanding not only what it’s supposed to be, but why ABC is doing a live TV production in the first place, when Disney has already announced it’s doing a live action film adaptation.

The Little Mermaid Live… uh what

— Andrew Marin (@ndrewmarin) October 7, 2019

so theres going to be a live action little mermaid and a little mermaid ….. live ….. pic.twitter.com/r4l4inMvb1

— paige (@isnotpaige) October 8, 2019

I’m really struggling to understand what The Little Mermaid Live is supposed to be. Is it a legit TV production? A concert where they’re dressed up and sing as the movie plays? Does ABC even know what it’s supposed to be???

— Rebecca. (@beccasloane) October 8, 2019

There is so much going on in the Little Mermaid Live ad pic.twitter.com/e7bK4AObkw

— steven j. horowitz (@speriod) October 7, 2019

are they still going to make a movie version of the live action little mermaid? I am so confused.

And if they are, aren’t they worried people won’t go to the movie version?

— Cat in the Bush (@BuschCat) October 7, 2019

Also, what the hell is the point of a live-action version of The Little Mermaid when there’s already a movie being made??? #constantlytriggered

— Nerd-E Bird-E (@nerdEbirdE) October 7, 2019

I’m confused as to why there’s a Little Mermaid live movie and live tv production. pic.twitter.com/TslTwcjD10

— Kandace (@kandacewithak_) August 6, 2019

What are your thoughts on The Little Mermaid Live? Share in the comments section below…

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Olympic Divers Make a Splash with Next-Level ‘Avengers Assemble’ Video: WATCH

Olympic Divers Make a Splash with Next-Level ‘Avengers Assemble’ Video: WATCH

A squadron of British Olympic divers is going viral with a clever ‘Avengers Assemble’ video in which the aquatic acrobats flip into the well-known poses of the Marvel superheroes. The clip was created during downtime at their training camp in Antalya, Turkey.

The clip began getting widespread exposure after the divers posted it to their social media platforms. Watch Jack Laugher as Dr. Strange, Dan Goodfellow as Captain America, James Heatly as Spider Man, Matty Lee as Iron Man, Yona Knight-Wisdom as Black Panther, Lucas Thomson as Hawkeye, and Noah Williams as Thor, below.

Said Laugher to BBC Newsround: “The choreography took about 15 minutes getting everyone in order then only two tries to get it right!”

View this post on Instagram

Avengers assemble

A post shared by Jack Laugher MBE (@jacklaugher) on

The post Olympic Divers Make a Splash with Next-Level ‘Avengers Assemble’ Video: WATCH appeared first on Towleroad Gay News.


Olympic Divers Make a Splash with Next-Level ‘Avengers Assemble’ Video: WATCH

#AM_Equality Tipsheet: October 8, 2019

#AM_Equality Tipsheet: October 8, 2019

U.S. SUPREME COURT HEARING CASES **TODAY** ON PROTECTIONS FOR LGBTQ EMPLOYEES: Said HRC President Alphonso David (@AlphonsoDavid), “No one should be denied a job or fired simply because of who they are or whom they love. The growing legal consensus is that our nation’s civil rights laws protect LGBTQ people against discrimination under sex non-discrimination laws. The Supreme Court has an opportunity to clarify this area of law to ensure protections for LGBTQ people in many important areas of life.” More from Jo Yurcaba (@JoYurcaba) at Bustle and HRC

  • Regardless of how the Supreme Court rules, the Senate must join the House in acting immediately to pass the Equality Act, which would provide clear, comprehensive protections for LGBTQ people across key areas of life. Learn more about the Equality Act here.

TUESDAY TWEET — “I HOPE THE SUPREME COURT SAYS ‘NO, HONEY!’”: Jonathan Van Ness (@jvn) speaks out about the three LGBTQ employment rights cases the Supreme Court is hearing today. More from HRC

#MondayMotivation via Jonathan Van Ness:

Our rights are once again on the line at #SCOTUS.

Tomorrow, the Supreme Court will hear 3 major LGBTQ civil rights cases that could decide how federal non-discrimination laws apply to LGBTQ people.

Learn more from @JVN. #RiseUpOct8 pic.twitter.com/AtDPRSSWw3

— Human Rights Campaign (@HRC) October 7, 2019

30TH ANNUAL HRC TWIN CITIES DINNER TO TAKE PLACE THIS SATURDAY: U.S. Senator Tina Smith; Governor Tim Walz; U.S. Representatives Angie Craig, Betty McCollum and Ilhan Omar; and City Councilmember Andrea Jenkins are among the pro-equality leaders who will be attending. To request media credentials, please email your full name, outlet affiliation, role and cell phone number to viet.tran@hrc.org. More from HRC

DANIELA CALDERON, A TRANSGENDER WOMAN OF COLOR WHO WAS SHOT IN DALLAS LAST MONTH, TELLS HER STORY FOR THE FIRST TIME: Read more from Lauren McGaughy (@lmcgaughy) at the Dallas Morning News in English and en Español, and hear her story in her own words here [warning — graphic descriptions & images of violence at links].

10/10 Watch Daniela Calderon tell her story, in her own words, here: t.co/QFpt0pSfV5

And read her story in Spanish, Daniela’s first language, here: t.co/VYugG6njdH #txlege #LGBT #LGBTQ #trans #transgender

— Lauren McGaughy (@lmcgaughy) October 7, 2019

JOIN HRC FOUNDATION & MILLIONS ACROSS THE COUNTRY FOR THE HISTORIC POWER OF OUR PRIDE TOWN HALL ON THURSDAY: Find a watch party in your area here!

HORRIBLE — BLACK TRANS WOMAN HARASSED IN BATHROOM AT SAN FRAN IN-N-OUT RESTAURANT: More from PinkNews.

HARASSING FLIERS DEMAND THAT OLYMPIA, WASH., BUSINESSES REMOVE LGBTQ PRIDE FLAGS: More from The Seattle Times

GET CULTURED – Entertainment, arts and sports news!

OPENLY GAY AND GENDERFLUID ACTOR RUBY ROSE OPENS UP ABOUT PLAYING GAY SUPERHERO BATWOMAN IN NEW CW SHOW: “[This role is] something that we all wish did exist when we were growing up [watching] television. It would have helped [us] as well as other people feel less alone and less misunderstood or all confused or isolated and different and not unlike many other things that come with being young and gay,” Rose said. More from The Washington Post.

ACTIVIST AND ATHLETE AMAZIN LETHI IS ADVOCATING FOR LGBTQ INCLUSION FOR ASIAN-AMERICAN COMMUNITIES: “One of my big focuses is having these conversations around equality for the Asian community, using sports as a platform, because I think it’s a language that everyone understands,” said LeThi (@amazinlethi), who identifies as rainbow, a more inclusive term commonly used in the Vietnamese LGBTQ community. Read more from David Artavia (@DMArtavia) at The Advocate.

GLOBAL EQUALITY NEWS

HRC CONGRATULATES HRC GLOBAL INNOVATOR LINDA BAUMANN OF NAMIBIA: Baumann (@LindaRMBaumann) will receive the African Feather of the Year award at the 2019 Feathers Festival later this month. More from HRC

Congratulations to 2019 @HRC Global Innovator @LindaRMBaumann on this well-deserved recognition of her critical work in support of LGBTQ people in Namibia! ��️‍������ t.co/6FRcZSOb2T

— Human Rights Campaign (@HRC) October 7, 2019

AUSTRALIA’S 2021 CENSUS WILL NOT INCLUDE QUESTIONS ABOUT SEXUAL ORIENTATION OR GENDER IDENTITY: More from Out in Perth

LGBTQ ORGANIZATIONS HAVE JOINED FORCES ACROSS A HISTORICAL  DIVIDE IN CYPRUS TO FIGHT FOR LGBTQ RIGHTS: More from the Associated Press

READING RAINBOW – Bookmark now to read on your lunch break!
ScreenShot interviews bi+ speaker, educator & activist Robyn Ochs (@robynochs); HRC President Alphonso David congratulates new CEO of Lambda Legal (@LambdaLegal), Kevin Jennings (@KJennings); A Wild and Precious Life, the memoir of LGBTQ icon and advocate Edie Windsor, comes out today

As the Supreme Court considers three cases today related to LGBTQ employment protections, we take a moment to remember LGBTQ icon and advocate #EdieWindsor, who passed away in 2017.

Her memoir, #AWildandPreciousLife, comes out today. #SCOTUS t.co/GSLNBYs3Rz pic.twitter.com/VkcAmTpCLq

— Human Rights Campaign (@HRC) October 8, 2019

Have news? Send us your news and tips at AMEquality@hrc.org. Click here to subscribe to #AM_Equality and follow @HRC for all the latest news. Thanks for reading!

www.hrc.org/blog/am-equality-tipsheet-october-8-2019?utm_source=rss&utm_medium=rss-feed