LGBT issues

Pirates of the Judicial Branch

Featured image Michael Ramirez aptly sums up the Supreme Court’s ridiculous decision in Bostock v. Clayton County, in this cartoon, “Pirates of the Legislation.” Click to enlarge: Michael accompanies his cartoon with Paul’s post, “Supreme Court, Per Neil Gorsuch, Invents New LGBT Rights.” »

DOJ defends fairness in sports

Featured image Earlier this year, Idaho enacted the Fairness in Women’s Sports Act. It goes into effect next month. The Act contains two main provisions. First, covered athletic teams shall be expressly designated as one of the following based on biological sex: (a) Males, men, or boys; (b) Females, women, or girls; or (c) Coed or mixed. Second, “[a]thletic teams or sports designated for females, women, or girls shall not be open »

Supreme Court, per Neil Gorsuch, invents new LGBT rights

Featured image In this time of pandemic, it’s easy to lose a robust sense of where we are in the year. Today, the Supreme Court reminded us that we’re at the time of year when it delivers decisions in major cases. Until recently, this was a dreaded time for conservatives. We dreaded it mainly because the Supreme Court was prone to inventing new constitutional rights based on its policy preferences, not on »

Chai Feldblum redux?

Featured image When I tried in late 2017 to rally conservatives to oppose the nomination of Chai Feldblum for another term as EEOC commissioner, I was under no illusion that, if her nomination failed, Felblum’s place would be taken by a moderate. Even in a Republican administration, Democrats are entitled to fill a share of commissioner positions, and it is left up to them to select those nominees, subject to Senate approval. »

In the court of PC opinion

Featured image Margaret Court is the greatest Australian female tennis player ever. In fact, she’s one of the very best female tennis players ever from any country, having won more Grand Slam singles titles than any other woman. Fifty years ago, Court accomplished one the most remarkable feats ever in women’s tennis — a calendar year “grand slam.” In other words, she won the Australian Open, the French Open, Wimbledon, and the »

New Social Science of Note

Featured image I try to keep up with some social science, partly for the amusement value, and partly because social science is sometimes useful for proving the obvious (which is also amusing). But I’ve been falling behind in posting highlights, so it is time to catch up. First up, do you think it is really necessary to prove that good looking people enjoy a lot of advantages in life? Apparently this proposition »

Title VII, gay rights, and Justice Gorsuch

Featured image I once heard Jonah Goldberg talk about a book in which multiple conservative and multiple liberal authors were asked to write whatever they wanted to about politics and political theory. As Goldberg told the story (or at least as I remember it), the conservative authors collectively presented an array of theoretical musings (libertarian, social conservative, natural law based, etc.). The liberal authors all wrote about how Democrats could win the »

The NC-9 special election and racial politics

Featured image Yesterday, I discussed the special congressional election in North Carolina’s Ninth District. Bolstered by a rally held by President Trump the day before the election, Republican Dan Bishop won the race. However, because his margin of victory — 2 percentage points — was well below the norm in this Republican district, some in the mainstream media are viewing the election as a good sign for Democrats. Here’s the Washington Post’s »

Supreme Court will hear key LGBT cases

Featured image The Supreme Court has granted certiorari in three key cases where the issue is whether Title VII of the Civil Rights Act of 1964 protects LGBT individuals from employment discrimination. The cases are Bostock v. Clayton County, Altitude Express v. Zarda, and Harris Funeral Homes v. EEOC. Bostock and Zarda raise the question of whether Title VII protects gays and lesbians from employment discrimination. In Harris Funeral Homes, the issue »

Competing values clash in LGBT-related dispute at Yale Law School

Featured image There’s a controversy at Yale Law School over a policy whereby Yale gives financial support for public-interest fellowships only if the employer does not discriminate in hiring based on gender and sexual orientation. Sen. Ted Cruz accuses Yale of blacklisting Christian organizations like Alliance Defending Freedom and of punishing Yale students whose values or religious faith leads them to work for such groups. Cruz says he intends to hold a »

Is Pete Buttigieg “intersectional” enough?

Featured image Pete Buttigieg, the mayor of South Bend, Indiana, is in many ways the most impressive member of the Democratic presidential field — a low bar, to be sure. He served as a lieutenant in the U.S. Navy Reserve, and took an unpaid seven months leave from his job as mayor to serve in Afghanistan. He was awarded the Joint Service Commendation Medal for his counterterrorism work there. Buttigieg is also »

Why the Equality Act of 2019 is dangerous legislation

Featured image Last month, Democrats introduced the Equality Act of 2019. It would modify existing civil rights legislation to ban discrimination against LGBTQ people in employment, housing, public accommodations, jury service, education, federal programs, and credit. It sounds good. No one should favor discriminating in employment, housing, etc. based on sexual orientation, etc. But there are serious problems with the Equality Act of 2019, such that Republicans should prevent its passage in »

Judge Ho crushes it

Featured image The moral argument against employment discrimination on the basis of sexual orientation is, I believe, compelling. Accordingly, there’s a plausible argument that such discrimination should be outlawed. However, there is no credible case that Congress has outlawed it. This hasn’t stopped liberal judges from finding that Congress did so in Title VII of the Civil Rights Act of 1964. Never mind that this Act was passed at a time when »

Supreme Court continues to duck key LGBT cases

Featured image In this post from last week, I described how the Supreme Court has avoided hearing cases relating to key LGBT issues that ought to be decided one way or the other. Most notably, it has ducked the issue of whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of. . .sex,” within the meaning of Title VII of the Civil Rights Act of 1964. Lower »

Supreme Court can’t decide whether to decide key LGBT cases

Featured image The Supreme Court has been presented with two sets of cases relating to issues at the core of the LGBT agenda. Bostock v. Clayton County, Georgia and Altitude Express Inc. v. Zarda raise the question of whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of. . .sex,” within the meaning of Title VII of the Civil Rights Act of 1964. Lower courts have divided »

Alex Acosta preserves Chai Feldblum’s aggressive LGBT agenda

Featured image We have just entered the eleventh year of the Obama Department of Labor, Alex Acosta presiding. I wrote here about how Acosta has preserved the radical Obama administration agenda in employment discrimination law, especially when it comes to manipulating statistics to find pay discrimination where none exists. I have also documented Acosta’s refusal to disturb pro-illegal immigrant policies imposed by the Obama administration through the Department of Labor. President Trump »

Chai Feldblum is finally out at the EEOC

Featured image The beginning of the new year brought an end to Chai Feldblum’s long tenure as EEOC commissioner. Last month, her supporters made a last ditch attempt to have her confirmed for another term. However, Sen. Mike Lee, who fought against her confirmation throughout 2018, wouldn’t budge. With Lee holding firm, Majority Leader McConnell did not allow a vote — one Feldblum almost certainly would have won. Had Lee been the »