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My 2020 @realdonaldtrump "No Apologies" Tour continues:
On Monday, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 bars employment discrimination against gay and transgender people. Justice Neil Gorsuch wrote the opinion for the 6-3 majority, declaring
simply
"An employer who fires an individual merely for being gay or transgender defies the law."
The outcome, the 6-3 majority, and the author of decision were all surprises. But looking beyond the surprise, Bostock vs. Clayton County will stand as a landmark decision for
decades to come. The ruling will give gay and transgender people equal protection under the law in employment settings. Although a handful of states prohibited employment discrimination against gay and transgender people, most did not. Thus, like Brown v. Board of Education
(ending segregation in education) and Obergefell v. Hodges (legalizing same-sex marriage), Bostock v. Clayton County will have a sweeping effect on the legal and societal landscape.
The gay and transgender communities should be rightfully proud of this milestone achievement,
even though it is long overdue. But the ruling in Bostock represents a single battle in a lengthier war toward true equality. Unsurprisingly, Bill Barr’s Department of Justice opposed extending the protections of Title VII to gay and transgender people. Within the last week, the
Trump administration revoked an Obama-era regulation that protected transgender people against sex discrimination in health care. At the beginning of his presidency, Trump banned transgender people from serving in the military. The fight is not over, but the momentum has shifted.
If Trump is defeated in November, Trump’s regressive regulations can be revoked by executive order. There is reason to be hopeful, which is reason to redouble our efforts to defeat Trump.
As with most issues, Trump is out of step. Although the white evangelical core of his
base was disappointed by the ruling, most Americans have accepted the notion that gay and transgender people are entitled to equal protection under the law. See NYTimes, “Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules.” Per the Times, Democrats (90%),
Independents (84%), and Republicans (74%) believe that it should be illegal to discriminate against people on the basis of sexual orientation. But Trump and Barr are pandering to the 25% of voters who make up Trump’s hard-core base. Playing to a small and shrinking base is a
losing strategy, but Trump is incapable of pivoting to broaden his appeal. Good.
Speaking of Trump’s base, they are furious that Justice Neil Gorsuch did not live up to their expectations that he would adhere to the principles of the Federalist Society. Erick Erickson, a
conservative radio host and blogger, tweeted,
All those evangelicals who sided with Trump in 2016 to protect them from the cultural currents, just found their excuse to stay home in 2020 thanks to Trump’s Supreme Court picks.
In two other “wins” for the Democratic agenda,
the Supreme Court denied review of a Second Amendment case that was seen as a stalking horse to give the conservative majority an opportunity to ban local regulations prohibiting “open carry.” The Court also refused to hear an appeal by the Trump administration from a lower court
decision that allowed California to refuse to enforce U.S. immigration laws. See NYTimes, “Supreme Court Won’t Hear Case on California Sanctuary Law.” While the refusal to hear cases relating to firearm regulation and sanctuary laws are positive developments, they are skirmishes
that merely delay the day of reckoning on these issues. Until Democrats can expand the Court, the nation will be held captive to the Federalist Society’s conservative, religious agenda. @jimcramer @tomkeene @SquawkCNBC @andrewrsorkin @beckyquick @cnbcfastmoney @SullyCNBC
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