Friday, May 16, 2025

When A Trial Court…

 …makes a ruling Alito agrees with, and one that affects the nation:

On Thursday, Judge Matthew Kacsmaryk—a far-right federal judge in the Northern District of Texas with a record of aligning with the GOP’s most extreme legal positions—issued a ruling declaring that Title VII no longer protects LGBTQ+ people from workplace discrimination. The decision directly contradicts the Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which held that discrimination based on sexual orientation or gender identity is, by definition, sex discrimination. Kacsmaryk’s ruling marks one of the most alarming judicial rollbacks of LGBTQ+ rights in recent memory—and sets up a direct legal challenge to one of the foundational civil rights protections for queer and trans people in the United States.

The case was brought against the EEOC by the state of Texas alongside the Heritage Foundation, a central force behind Project 2025—an aggressive right-wing policy blueprint that explicitly calls for rolling back LGBTQ+ protections in federal law. In siding with the plaintiffs, Judge Kacsmaryk pointed to the Texas Department of Agriculture’s current employee policy, which requires “employees to comply with this dress code in a manner consistent with their biological gender,” specifying that “men may wear pants” and “women may wear dresses, skirts, or pants.” The ruling also upheld the department’s policy banning transgender employees from using restrooms that align with their gender identity.

The judge reached a verdict that Title VII only protects “firing someone simply for being homosexual or transgender,” but that it does not protect transgender or gay people from “harassment”:

...

Ultimately, Judge Kacsmaryk ordered the complete removal of all references to sexual orientation and gender identity as protected classes under Title VII from EEOC guidance. His ruling declares that “all language defining ‘sex’ in Title VII to include ‘sexual orientation’ and ‘gender identity’” must be stripped from federal employment policy. Specifically, it targets and nullifies Section II(A)(5)(c) of the 2024 EEOC guidance, which states: “Sex-based discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity.”
I guess that’s okay? I mean, it’s not like it’s an injunction or anything….

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