Change the sex of one partner and the discrimination disappears. It is this litigation that spurred the Justice Department to declare that Title VII does not, in fact, protect gay employees.
(Under President Barack Obama, the agency took no position on the matter, although it did determine that Title VII protects transgender workers.) By filing this brief, the DOJ has created an odd situation in which one federal agency (the EEOC) disagrees with another (the Justice Department) in federal court.
More than 125 members of Congress recently signed a brief asserting their belief that Title VII currently bars sexual orientation discrimination.
At the very least, the absence of clear legislative guidance on the matter is obviously ambiguous.
As Martin Luther King, Jr., noted, a person should be judged by his or her character, not by skin color.
A similar principle of spiritual purity is laid out in the New Testament, but it has nothing to do with race: “Do not be yoked together with unbelievers. Just as the Israelites (believers in the one true God) were commanded not to marry idolaters, so Christians (believers in the one true God) are commanded not to marry unbelievers.
For what do righteousness and wickedness have in common? The Bible never says that interracial marriage is wrong.
Anyone who forbids interracial marriage is doing so without biblical authority.
Circuit is almost certain to side with the EEOC and against the DOJ.
But this fight is ultimately heading to the Supreme Court—and the Trump administration has now signaled loudly that it will encourage the justices to rule against gay employees.
Congress’ failure to act could mean that it does not wish for Title VII to encompass sexual orientation.