Supreme Court to Decide Definition of 'Sex' After Unelected Officials Change Gender Identity Rules for Businesses
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- Well the Supreme Court decided today
that it will wade into the thorny issue
of discrimination in the workplace.
It will hear a trio ofcases involving people
who say they were fired because
of their sexual orientationor gender identity.
At issue, whether the 1964federal Civil Rights Law,
that prohibits employment discrimination,
also applies to sexualorientation and gender identity.
One of those cases involves
a male Michigan funeral home employee
who asked for permission todress as a woman at work.
Another involves a gayskydiving instructor
who challenged his dismissal.
And a third case pertainsto a social worker
who said he was fired becauseof his sexual orientation.
Joining us now with more is Jim Campbell
with Alliance Defending Freedom, or ADF.
ADF represents the Michigan funeral home
that is defending itsrefusal to continue to employ
a male employee who identified as a woman
to dress in woman's clothing.
And thanks so much for joining us Jim.
- My pleasure, thanks for having me.
- Talk about the dress codewhich is very important
to the GR Harris Funeral Home,
why is it so important?
- Well it's importantbecause the primary goal
of Harris Funeral Homesis the grieving families
that they serve.
So they put in place these policies
to ensure professionalism,
to ensure that their employeesblend into the background,
and to ensure thatgrieving families can focus
on each other and their grief.
- So why did the funeralhome not allow it's employee
to dress as a woman.
Would it have allowed it
if the employee was fully transitioned?
- Well, in this situation,they have this policy,
it's a sex specific policy.
Men dress a certain way,women dress a certain way,
and they put that in place again
in order to serve theinterests of their customers.
So, under these circumstances,the owner, Tom Ross,
determined that therequest of this employee
was not in the best interestof the grieving families
that they serve.
But, nevertheless, he wantedto do right by this employee,
so he offered him a severance package,
which the employee refused
and instead Harris FuneralHomes has been battling the EEOC
for the last nearly six years
because the federal government'sbeen targeting them,
simply to make a political point.
- Why do you think theSupreme Court decided
to take this particular case
and the other two now?
- Well it's an important question
whether unelected officials at the EEOC
can unilaterally redefine federal law
in order to bring abouttheir political goals.
Here, we're dealing with aterm that's been in the law
for over 50, 60 years.
We're dealing with the wordsex and taking the word sex
and replacing it with gender identity
has widespread consequences in the law.
For example, doing thatwould jeopardize the dignity
and privacy rights of womenby opening privacy facilities
like locker rooms, andrestrooms, and shower facilities
to men who identify as women.
It would also undermine educationaland sports opportunities
for girls by opening thoseopportunities to boys
who identify as girls.
So there's a number ofissues that are raised here
and these are importantquestions that the people
should be able to decide for themselves
and not have unelectedofficials decide it for them.
- Really so much at stake here.
What is the timeline of thiscase at this point in time?
When might it be heard and whatare you looking forward to?
- Yeah the court willlikely hear arguments
in the fall, maybe as late as the winter,
but probably October, November argument.
And then the Court willlikely decide the case
sometime next year in thespring or even in the summer.
- Jim Campbell withAlliance Defending Freedom,
thank you for your time.
- Thank you.