December 15, 2017
Overturning a federal policy put in place by the Obama administration, the U.S. Department of Justice ruled in early October 2017 that federal civil rights protections do not apply to transgendered individuals under the Civil Rights Act of 1964.
Attorney General Jeff Sessions informed federal prosecutors across the nation that they should enforce laws according to the original intentions of Congress and not according to “sex.†The meaning of the word “sex†is in question and is being challenged by gay activists. They claim that the word does include transgendered individuals and sexual orientation in general. However, strict interpretationists insist that it simply means male and female based on law and does not relate to policy.
Sessions elaborated that the previous administration inappropriately applied new meanings to the 53-year-old legislation.
Sessions went on to explain that the Obama administration overstepped its bounds in ascribing unimagined modern categories to a 52-year-old anti-discrimination law. Specifically, the former president officially interpreted civil rights legislation to include homosexuality and transgenderism. However, a spokesman with the DOJ indicated that the expansion of the law was too broad.
Even so, the DOJ assured that all individuals will be protected in accordance with the law. This includes numerous laws that are already in place that prohibit discrimination due to sexual orientation.
Sessions further stated that the repeal of the policy does not justify the mistreatment of any individual. He added that Congress might decide to pass an amendment to Title VII that includes additional protections.
The pro-gay rights organization Lambda Legal complained about the decision. A representative with the agency claimed that the law and the courts were on their side.
Thus far, the Supreme Court has been silent on the matter regarding the definition of “sex†and the application of the word when it comes to civil rights. However, a 1989 ruling determined that “sex†discrimination applies to anyone outside of generally accepted male/female norms.
The changing landscape of gender laws mean that new cases regularly come before the courts that challenge long-standing decisions. If you have questions about how these laws might affect you, contact our law office for assistance.
