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Attorney General Jeff Sessions Revives Bush-Era Crime Plan

06 October, 2017, 00:28 | Author: Priscilla Morrison
  • Attorney General Jeff Sessions Revives Bush-Era Crime Plan

But in his Wednesday memo, Sessions wrote that the law as written only applies to discrimination between "men and women", and announced that the Justice Department would "take that position in all pending and future matters".

Working with this interpretation, Title VII also bans discrimination against transgender employees because they are transgender.

Jeff Sessions says in his memo that this is about "law, not policy" but the courts clearly disagree.

In a memo to all federal prosecutors and obtained by CNN, Sessions states that "Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status".

"The memo is so weak and that analysis is so thin, that courts will recognize it for what it is - a raw political document and not sound legal analysis that should be given any weight by them", McGowan said, according to BuzzFeed.




Transgender Law Center, in a press release, said, "The Department of Justice memo on Title VII tries to undo established law protecting transgender employees simply by wishing it so".

"I have determined that the best reading of Title VII's prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status", Attorney General Eric Holder wrote in 2014, according to Buzzfeed. "Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections". "The memo is devoid of discussion of the way case law has been developing in this area for the last few years". As it stands, Title VII addresses discrimination on the basis of sex.

"This announcement is the latest example of how the Trump administration and the Sessions Justice Department are undermining equal rights and dignity for lesbian, gay, bisexual, and transgender individuals", Gupta added, "and this one flies in the face of case law that has reached the opposite conclusion".

For years now, Pennsylvania lawmakers have been tryijng to enshrine similar workplace protections based on gender identifity and sexual orientation in state human relations law, only to be batted back by troglodytic culture warriors in the General Assembly. "This department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation".

"The Department of Justice can not expand the law beyond what Congress has provided", O'Malley said.

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