In
Michigan about 5 years ago, Aimee Stephens was fired from her job. Specifically because she is transgender.
Subsequently, the Equal Employment Opportunity Commission (EEOC) took up her case, suing her employer for violating federal law.
Now her case will be going before the Supreme Court.
The good news for Aimee Stephens is the question at the heart of her case is pretty cut and dried: Is it unlawful sex discrimination under Title VII of the Civil Rights Act to fire someone because that person is transgender? Before 2016, the United States government had nearly universally said yes.
The bad news for Aimee Stephens is that the date than done brung her to the dance ain’t going to dance with Aimee Stephens.
The United States has switched sides: the Trump administration is petitioning the court to permit employers to fire an employee for being transgender.
Which isn’t a surprise.
Trump has pursued a course of outright hostility to the transgender community since day one.
A few months later, Donald Trump tweeted his ban on transgender people serving openly in the military, which is now in effect.
In recent months, the Trump administration has proposed excluding transgender people from protections in health care and accessing homeless shelters.
What might be a bit of a surprise is the complete brazenness of those representing Aimee’s erstwhile employer.
Representing the case for the employer is the Alliance Defending Freedom which contends that firing Aimee Stephens from her job was an act of… love?
John Bursch, the lead ADF lawyer put it this way: “It’s healthier for people such as Stephens to try to ‘align their mind with their biological reality’ rather than to ‘change their gender.’” Bursch asserts that Aimee’s employer wasn’t acting out of discriminatory animus, but rather “out of love both for Stephens and for employees.”
Yes, Aimee Stephens’ employer fired Aimee because (“choke!”) they just care (“sob!”) SO MUCH!
Here is part of the argument ADF will be making before the Supreme Court: “The science regarding gender identity is far from settled, and there are deep disagreements over whether otherwise healthy bodies should be physically modified to align with the mind. The opposite approach — aligning one’s mind with the body — has traditionally been the preferred method for treating other dysphorias, such as anorexia and xenomelia.”
Wow! That is a most interesting insight, one that is NOT shared by the American Medical Association, the American Psychiatric Association, the American Psychological Association and pretty much every other major medical and mental health group. These organizations have all landed on Aimee’s side in this debate.
By the way, in case you wondering what is the source of ADF’s medical opinion, it is a single 88-year-old physician whose views on trans people have been completely refuted and denounced by nearly all his colleagues.
But at least the LGBTQ community will know this is all being done out of love, right?
Subsequently, the Equal Employment Opportunity Commission (EEOC) took up her case, suing her employer for violating federal law.
Now her case will be going before the Supreme Court.
The good news for Aimee Stephens is the question at the heart of her case is pretty cut and dried: Is it unlawful sex discrimination under Title VII of the Civil Rights Act to fire someone because that person is transgender? Before 2016, the United States government had nearly universally said yes.
The bad news for Aimee Stephens is that the date than done brung her to the dance ain’t going to dance with Aimee Stephens.
The United States has switched sides: the Trump administration is petitioning the court to permit employers to fire an employee for being transgender.
Which isn’t a surprise.
Trump has pursued a course of outright hostility to the transgender community since day one.
Mere
weeks after his inauguration in January of 2017, Trump rescinded guidance
clarifying federal protections for transgender students.
A few months later, Donald Trump tweeted his ban on transgender people serving openly in the military, which is now in effect.
In recent months, the Trump administration has proposed excluding transgender people from protections in health care and accessing homeless shelters.
And
in the latest insult to trans people, and now, upping the game, giving the
thumbs up to firing transgender workers.
What might be a bit of a surprise is the complete brazenness of those representing Aimee’s erstwhile employer.
Representing the case for the employer is the Alliance Defending Freedom which contends that firing Aimee Stephens from her job was an act of… love?
John Bursch, the lead ADF lawyer put it this way: “It’s healthier for people such as Stephens to try to ‘align their mind with their biological reality’ rather than to ‘change their gender.’” Bursch asserts that Aimee’s employer wasn’t acting out of discriminatory animus, but rather “out of love both for Stephens and for employees.”
Yes, Aimee Stephens’ employer fired Aimee because (“choke!”) they just care (“sob!”) SO MUCH!
Here is part of the argument ADF will be making before the Supreme Court: “The science regarding gender identity is far from settled, and there are deep disagreements over whether otherwise healthy bodies should be physically modified to align with the mind. The opposite approach — aligning one’s mind with the body — has traditionally been the preferred method for treating other dysphorias, such as anorexia and xenomelia.”
Wow! That is a most interesting insight, one that is NOT shared by the American Medical Association, the American Psychiatric Association, the American Psychological Association and pretty much every other major medical and mental health group. These organizations have all landed on Aimee’s side in this debate.
By the way, in case you wondering what is the source of ADF’s medical opinion, it is a single 88-year-old physician whose views on trans people have been completely refuted and denounced by nearly all his colleagues.
If
the ADF and the Trump administration prevail in their case against Aimee
Stephens, it will set the precedent
that is lawful to fire LGBTQ people.
If
employers can just fire people for simply being LGBTQ, the negative
consequences for a lot of people will start to pile up with losses of jobs and
wages, fueling discrimination against LGBTQ people in areas of education,
health care, housing, the military, prisons and by government officials.
But at least the LGBTQ community will know this is all being done out of love, right?
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