CHICAGO, Illinois, August 9, 2016 (LifeSiteNews)
— The U.S. Court of Appeals for the Seventh Circuit has ruled that
President Obama's redefinition of Title VII anti-discrimination law to
include homosexuals and transgender persons is not actual or
enforceable.
The court ruled that Title VII of the Civil Rights Act does not
address workplace discrimination on the basis of sexual orientation.
Hively v. Ivy Tech Community College dealt with an adjunct
professor at the school, Kimberly Hively, who claimed that the
non-renewal of her teaching contract was because she was openly living
as a lesbian.
Hively sued ITCC, but her case
was dismissed in court because “Title VII does not apply to claims of
sexual orientation discrimination, and therefore Hively has made a claim
for which there is no legal remedy.”
Hively appealed, but again, the appellate court ruled that Title VII
does not deal with sexual orientation. The judges expressed sympathy for
gay people losing their jobs, but the court decided to legally
interpret that law as it exists and not legislate from the bench.
The ruling briefly mentioned the recent announcement by the Obama
Administration's Equal Employment Opportunity Commission, made July 15,
stating that the Administration believed Title VII did encompass sexual
orientation and gender identity. But the appellate court determined “the
rulings of the EEOC are not binding.”
In its ruling, the court used "precedent," citing two cases (Spearman
v. Ford Motor Co., Hamm v. Weyauwega Milk Prods.) that found sexual
orientation is not included in Title VII law and then reasoned that
judges were "bound" by those previous rulings.
Gary McCaleb, senior counsel for the Alliance Defending Freedom
(ADF), told LifeSiteNews that with this important ruling the courts have
finally recognized President Obama is advancing an agenda as if it were
in the law but which in fact is not. “This decision is a blow to the
Obama administration distortion of Title VII regulations to mean
something other than prohibition of discrimination based upon biological
sex.”
Put in a positive light, the court said its hands were tied because
the law is the law and not what someone wants that law to be. But the
judges of the appellate court simultaneously opened the door to amending
Title VII to include homosexuals and transgenders.
The court paved the way for legal remedy by suggesting that the U.S.
Supreme Court, or Congressional legislation, could fix the problem and
explicitly include homosexuality and transgenderism under
anti-discrimination law.
The court also tried to pave the way for a loophole in Title VII law,
claiming that homosexuals are included if the case is one of
"stereotyping."
The U.S. Supreme Court adopted "stereotyping" into law in 1989 (Price
Waterhouse v. Hopkins) after a woman was denied a promotion allegedly
because she acted like a man. The Supreme Court decreed that even
though her employer did not intentionally discriminate against her, it
based her lack of promotion on gender stereotypes.
The court admitted, however, that the difference between
discrimination based on sexual orientation, which is not covered by
Title VII law, and discrimination based on gender stereotypes, which is
also not mentioned in the law but the Supreme Court has determined is
covered by Title VII, is a difficult distinction to legally make. The
judges commented that courts will struggle to guess the interior
motivations of the accused.
The appellate court went further to point out a "gap" in
discrimination law, stating that although Obergefell v. Hodges legalized
same-sex marriage, employers are not forced to keep homosexual
“spouses” employed. "The cases
as they stand do … create a paradoxical legal landscape," the court
said, "in which a person can be married on Saturday, and then fired on
Monday for just that act."
The Seventh Circuit presides over Illinois, Indiana, and Wisconsin.