Posner, though, said sticking to outdated meanings and cultural standards didn’t make sense.
“It is well-nigh certain that homosexuality, male or female, did not figure in the minds of the legislators who enacted Title VII,” he wrote in his concurring opinion.
“(Lawmakers in the 1960s) shouldn’t be blamed for that failure of foresight,” he wrote. “We understand the words of Title VII differently not because we’re smarter than the statute’s framers and ratifiers but because we live in a different era, a different culture.”
An 8-3 win in a fairly conservative district is a great win-win for America. I wish Judge Posner’s careful approach to the Constitution’s words and each law’s intent would be considered by every judge.
I suspect the U.S. Supreme Court will take up the (likely?) appeal since there are varying decisions by different districts on this subject. All the more reason to fight Gorsuch and any other socially conservative judge.
Gorsuch: What Civil Rights Act?
Scalia: That’s my boy!
Late in January, the White House declared Trump would enforce an Obama administration order barring companies that do federal work from workplace discrimination on the basis of sexual identity.
I think this sentence needs to be amended or struck from this article. As ThinkProgress pointed out in a March 29 piece, Trump quietly signed an executive order revoking Obama Executive Order 13673. This order required companies doing business with the federal government to provide documentation that they are compliant with other federal laws and Executive Orders. In this case, it would mean that companies don’t have to show that they are compliant with Executive Order 13672 (see how close they are in numbering?) which requires that companies doing business with the federal government not discriminate on the basis of sexual orientation/identity. If the companies don’t have to supply any documentation how is EO 13672 going to be enforced? Or Effective? Without the requirement of businesses showing they are compliant, EO 13672 is virtually toothless.
On top of that, the Trump Admin is contemplating a “religious freedom” executive order which would allow virtually all anti-LGBT discrimination just by a business saying “religious freedom.” This EO is modeled on the Heritage Foundations First Amendment Defense Act (FADA) which Trump has endorsed and promised to sign. FADA is so vague that it would enshrine discrimination against LGBT individuals into federal law. It would override any LGBT protections anywhere in the country.
So, let’s not kid ourselves, Trump is no longer promising to “enforce” EO 13672. He’s doing away with it by revoking other EOs and signing new anti-LGBT orders.
thinkprogress.org/trump-gutted-lgbt-executive-order-8dd0e3be69a
thinkprogress.org/trumps-extreme-religious-freedom-order-would-nullify-the-lgbt-protections-he-promised-to-keep-fb0055dd8e46
Well, OK SAm. Thanks.Any guesses about how the Justices, especially Kennedy, will rule if some defense of LGBT rights reaches the RichPeople’s Court, and how quickly that might happen? TIA.
Posner is an example of a conservative judge that should sit on the Supreme Court…his decisions aren’t politically based, they are based in a conservative reading of the law, which includes an understanding that times change.
Gorsuch is a political hack dressed up in judicial robes…even without the wrongness of what happened to Garland, Gorsuch doesn’t have the balance necessary to become a Supreme Court judge, because he’s not interested in being a judge for the people but instead just for his political party.
It’s too bad the Gorsuch nomination isn’t being framed this way (at least not strongly)…his hearings made it perfectly clear that he wasn’t a good choice all by himself.
This is great. That’s a great decision.
Posner has changed a lot over the years. He used to be much more of the type who would use a theory to dictate a decision even when the facts showed that the theory to be inapplicable. But he’s apparently allowed his experiences to affect the way he thinks about the law. Which is a good sign for a judge.
Yep this case is a big deal. Again Kennedy would be the swing vote.
The case is not ripe for appeal (and the NYT says the company has indicated it will not try to). The case came on appeal because the complaint was dismissed in the District Court. It will now go back to that court, to start the process all over again. Appeals are possible only when there is a final judgment. The Court of Appeals took the case from a final judgment–a decision dismissing the complaint, but in remanding the matter, the court did not issue a final, appealable judgment.
Don’t worry, Justice Gorsuch will take care of this!
Thank you for that explanation. Much appreciated.