Justice Department Says Rights Law Doesn’t Protect Gays

Jul 27, 2017 · 655 comments
Ebony (Richmond, Ca)
This is so exhausting. Everyday its a new attack against the civil rights of marginalized groups.
Odyss (Raleigh)
Wow! Competence baffles the NY Times and its readers!. Yes, all court decisions say the civil rights act of 1965 did not EVER extend to sexual identity, no matter how many illegal actions were taken by Barry.
John S. (Anaheim, Ca)
I think Altitude express was wrong for firing Donald Zarda. In fact, I think Mr. Zarda actually did the right thing by telling the woman that he was gay in order to ease her husband’s mind but that still does not detract from the point that the Justice Dept. made in its Amicus brief.

The truth is that Title VII bars discrimination based on “race, color, religion, sex or national origin” but not sexual orientation.

It is, therefore, up to Congress, not an activist judiciary, to amend the law and add sexual orientation to this list.
David (AZ)
You think this is bad, wait for Sharia law. You will be woefully disappointed.
Jillian (San Mateo)
If the rights law doesn't protect LGBTQ then Justice should. Don't be on the wrong side of history. We have long since passed Dred Scott. Lesson should be learned.
Frish (Torrance)
How about Mormons? Or, are they next?
hirstlikefirst (seattle)
Can we get a comment from Peter Thiel?
Fred Johnson (Phoenx, AZ)
So, let me see if I understand our laws. Illegals from Mexico and Central America are protected against racial profiling. But, legal United States citizens are NOT protected against discrimination because they're gay? Some time back, I read an article that was VERY critical of someone who referred to Trump as a new Hitler. I'm beginning to wonder if the person who originally said it was onto something. For the first time in my life, I am getting worried about our country and its leaders.
Donald Tomaskovic-Devey (Paris)
The law evolves. Despite mentioning "sex" in Title VII of the Civil Rights Act, the EEOC basically ignored sex until the women's movement strengthened and Congress backed it them 1972. Both sexual harassment and pregnancy were interpreted originally by the courts as not "sex discrimination". LGBT categories are about sexuality and gender, same as heterosexuality. Sex is chromosomes was never the point.
Ron Aaronson (Armonk, NY)
“race, color, religion, sex or national origin.”

To those strict constructionists on the SCOTUS:

Title VII specifies "sex" not "gender". Perhaps "gender" was meant, but, oops, we have to go by what it says, don't we?

Not to put too fine a point on it, I have had sex on more than one occasion, but never gender.
Ronald (Seattle)
LGBT equality has progressed (for the most part) one issue at a time. In my lifetime it started with surviving the aids plague. We've rallied against gay bashing, against "don't ask, don't tell", and for marraige equality. I truely believe that we have evolved as a society over time but, even still, we have a ways to go. That said, many are quite aware that there is no specific (unambiguous) language in the federal statutes that protect our employment... and we need it! It's just a matter of time before, once again, we're beating down the homophobes, bigots, and self loathing closet cases in congress and/or the Supreme Court.
King Regis (Bklyn)
Tax revolt. Kick em in the wallet!
F. Rothing (USA)
Every day I wake up to some new horror cooked up by this administration. Just when I think it can't get any worse, it does.

The free countries of the world should impose sanctions on us for our human rights abuses and our collective stupidity for electing this brood of vipers out to make rich white cis male America great again.
John Galt (The People's Republic of Boston)
I wonder what the rest of the story is.......we may never know. Ehhhhhhh........who cares?
Rick Keena (Chapel hill)
That guy is such a fool. I'm thinking that if Someone told him President Obama outlawed marijuana Trumpf would make it legal.
Mike G. (Maryland)
Get rid of this president, vice-president, scaramucci, sessions, and all haters of those who are not like themselves. These small minded, narrow thinkers are not fit to run the UNITED STATES OF AMERICA.
We have had crooks, thieves and dummies in the White House but never had we had morons in charge, with some support from the Pubs in the House of Representatives.
The denigrating adjectives that come to mind are so numerous, I won't list them. But this is what we, as a united people need to do. For those Americans who believe that Trump and company are right for America, please take a deep breath and think again. You cannot think this is what you voted for. Make AMERICA GREAT AGAIN, by disavowing this sick president. He hates the USA and all of the institutions that made it great.
Bob Morris (Colorado)
I, too, hope that AG Sessions does not resign, but it is contemptible how he is doubling down on this regressive initiatives in hope of saving his job by rousing the right wingers that put Trump into office to cry out in Sessions' support. We're damned by their mutual self-serving, small-minded pursuit of their respective selfish agendas. But at least Sessions is not insane, as his crafty self-defense shows.
An American (in Paris)
Sometimes you have to wonder if Trump isn't hell-bent on destroying the Republican party. Everything he does seems designed to do just that, with ruthless efficiency. Oh wait, isn't that what Bannon wants to do? Destroy the country. Okay, back to your regularly scheduled programming.
David Parsons (San Francisco CA)
Putin wanted chaos in the US and such is personified by his choice for President, the serial liar and idiot Trump.

Trump's inner circle are fighting each other like mistreated dogs, and there are no sympathetic figures to root for. They will decimate each other.

They are a village of the damned realizing their karma for public display.

But the American public, and western democracy, suffer by extension.

Thankfully the Congress put a down payment on the blow back Putin will receive for his malevolence.

This must just be the start of a long campaign to make Putin pay dearly for his attack on western democracies in ways he never imagined.
Carl Ian Schwartz (Paterson, New Jersey)
Today's GOP seems to be playing a game of social musical chairs. Contrary to the Constitution's promises of life, liberty, and the pursuit of happiness for ALL Americans, reinforced through the various Amendments, the GOP wants some people to be more equal than others, and does this by demonizing various parts of our population.
Mitt Romney lost the 2012 presidential election by getting caught telling funders that 47% of all Americans are "takers," implying that these people were somehow "life unworthy of life." That means 150 million fellow Americans.
Back in the 1980s, some Republicans claiming to be "christian" claims that HIV was "God's judgment against gays."
I'll bet that they would have used the same language in 1942 to justify genocide in Occupied Europe.
If the GOP promotes inequality for LGBTQ citizens, what's the next group to be demonized? Remember Pastor Niemoller's statement, ending "...and then they came for me."
David P (WA)
Hasn't the SCOTUS been down this road before pertaining to marriage. If I recollect correcting, 5 SCOTUS jurists remain in their same positions as when the marriage lower court decision was reviewed. It pertained to people who are gay or transgender in extension and they are given equal rights based upon the 14th Amendment, Section 1. Sessions (and Trump) appear to disagree with the Supreme Court. Thankfully, the Supreme Court has equal power under their judicial jurisdiction in the 3 branches of government and rulings are rulings. Thank God.
Brian (California)
Could this be yet another “Squirrel!” tactic? If the 2016 election proved anything, it’s that America cares about opportunity more than rights. By attacking the fragile, recently won rights of a minority, the administration is forcing us to defend those rights, once again proving to the base that the opposition cares more about LGBT rights than working class jobs. The fact is, the administration doesn’t care about jobs or rights. And creating jobs is hard, so why bother? Just keep us distracted and get back to helping those who really matter by reducing healthcare coverage, weakening environmental controls and eliminating common-sense financial regulations.
Jay Peg (NYC)
Reality is, Sexual Orientation has not been a Federally Protected class. However, it should be. There are many States that have made Sexual Orientation a protected class for Housing and employment. In addition, they have recognized Transgender as a sexual orientation and a protected class. It comes down to not only Sessions, however bringing to the forefront such laws that are either on the book or should be on the book to vote.
Robert Tharinger (Saint Baudille-et-Pipet, France)
"Pay no attention to that man behind the curtain!! The Great and Powerful Oz has every intention of granting your wish."

This is all bate and switch...from the start. Go to the gut to keep folks from using their minds. Keep people from thinking of the problems of other, real people or issues. Make noise about some controversial, marginal but fundimental human right to keep the base from seeing how the world is being destroyed by a few (by world-wide standards) rich, bigoted white men who don't care about anything but their own confort and wealth.
hquain (new jersey)
This just isn't America, and hasn't been for decades. The Trumpers and their hangers-on, gimps, and gofers are spiraling into the upside-down like there's no tomorrow. Do they know something we don't?
Cxcmrc (Tucson)
We were we were all starting to feel sympathetic for our "beleaguered AG" and now we learn he is such a pig in dealing with people other than white males. We should have known better all along. Let's call out Sessions for the piggish reactionary that he is. But don't worry Sessions -we won't ask you to resign. There're is one valid function you serve - preventing big orange from firing Mueller. Keep up the good work!
Linda (NYC)
Ha - you took the words out of my mouth!
Joe (NY)
Here's a thought for the left. Stop trying to stack the courts and bureaucracy and then have them write law to your liking, and instead try to win elections and pass laws through the legislative process. You know, the way it's supposed to work. I know it's easier to have one judge like Anthony Kennedy rewrite the law to suit you after 30+ states voted the other way, but it's also a direct contradiction of "government of, by and for the people".

You are generating untold hostility towards yourselves through this authoritarian behavior, and you are corrupting and delegitimzing the entire system of government. The left's unwillingness to abide by the rules, and instead try to infiltrate and corrupt the system to circumvent democracy is destabilizing the country. This kind of stuff is the reason why Trump won.
Andy (Paris)
#MAGA one bigot at a time.
Andy (Paris)
#MAGA one night at a time.
Susan (Maryland)
Trump should have fired Sessions and we should have fired Trump. Both are despicable.
KirkTaylor (Southern California)
Leave it to Sessions and Trump to tout this blind spot in Title VII. It shows their true colors as pinheaded bigots who think they've found something they can exploit. The fears expressed during J. Beauregard Sessions's confirmation hearings are proving well founded.
Charlie Arbuiso (Endwell, NY)
We hold these truths to be self-evident: that all men are created equal. (and women, and transgendered, and gay, and biracial, and everyone really).
Impeach Trump already. What are we waiting for him to do to "cross the line"?
Michjas (Phoenix)
The Civil Rights law that pertains to federally funded schools -- Title IX -- includes the same language as Title VII. It protects those discriminated against by sex without reference to sexual orientation. The Courts hold that Title IX protects gays. Why the same language in Title VII does not is beyond me. It is well-established that Title IX protects gays. The same should be true of Title VII.
Glenn (Los Angeles)
This is all very unsettling and painful to watch, but I truly believe that the truth will come out and many of these horrific characters who are now in control will be marched out of the White House in handcuffs. We just have to wait patiently for justice to be done.
An American (in Paris)
Let's just hope that no one gets hurt before that happens. This kind of thing emboldens the bigots to bully and harass people. And yes, murder them, too. We must take care of each other.
Danielle2206 (New York, NY)
Donald Zarda, the plaintiff who tragically died in a cliff diving accident, was a close friend of mine, and a Republican. There's a good chance, unless he had a come to Jesus moment, that he would have been a "Gay For Trump." I wonder how he would feel that the Justice Department of the US had weighed in on his case to say that, no, gays are not protected from discrimination in the Civil Rights Act. He's probably turning over in his grave.
David Blackburn (Louisville)
Mr. Sessions is implying that Congress could act to remove employment protection 'granted' by Title VII for Race, Color, Sex, Religion or Nation Origin.
I'll add that unlike sexual orientation, Religion is a choice.
walkman (LA county)
Gays may be only about 3% of the population, but if each gay person is known by say 20-30 non-gay people, who thanks to the advance of gay rights, know them as gay and accept, like and respect them, then these anti-gay moves by the Trump administration has angered about 60-90% of the population.
An American (in Paris)
More like 10% of the population, and yes, you are correct about allies. All LGBTQ people have families. Parents, sisters, brothers, aunts, uncles, cousins, children, grandmothers, grandfathers, friends, allies ... that's a lot of people.

For those who want to help, check out PFLAG.org, one of the greatest advocacy organizations in existed. Founded by Jean Manafort for her son in the early 1970s, the organization is comprised of millions of parents, families and friends of lesbian, gay, bisexual, transgender and queer people. You can see the silver haired mothers and fathers and grandparents marching in Pride parades every year. Join, help, educate, advocate.
Don B (Massachusetts)
The law wasn't intended to protect gays against discrimination and doesn't say anything about them. It isn't up to the courts to amend the laws. That job belongs to Congress. The left wing in this country seems determined to bypass the elected legislatures and let judges and administrators rule by fiat the same way Maduro is doing in Venezuela. That is one of the reasons Democrats keep losing elections. They shouldn't expect the American public to support politicians who don't believe in democratic government.
Jerry Engelbach (Mexico)
The law was intended to protect everyone from discrimination.

When it was written, gays were under the radar or they would have been included.

Deferring now to a Congress dominated by homophobes would leave a substantial portion of society unprotected from outright bigotry, like yours.
totyson (Sheboygan, WI)
So it's OK to discriminate against someone because they are gay? Or are you simply saying that the law needs to be rewritten?
An American (in Paris)
It's a good thing you don't practice law. But aside from that, the presidential election's popular vote was won by a woman who got more votes than any white man in history. Only Obama in 2008 earned more votes. So that doesn't look like a loss to those of us who can count. Three million votes more than the charlatan in the WH. And 74 million people voted for someone else. An antidemocratic "bug" in our system (Electoral College) combined with a concerted effort on the part of a foreign power, aided and abetted by the current occupants of the WH, exploited that system to maximum advantage.
Marklemagne (Alabama)
The issue has to be decided sooner or later. Would you prefer to wait until SCOTUS is more friendly? By the time that happens, clones will file a brief seeking to join as plaintiffs. Seriously, how much worse can it get?
NML (White Plains, NY)
Please stop covering his red herrings and stay on target. There are congressional proceedings that are slipping under the radar while you guys lead with this.
An American (in Paris)
Sessions' and the DOJ's decision to file a brief in this case is not a "red herring." It's a case that could engender the lives of millions of people. Trump's ridiculous tweets are a distraction, but Sessions is a real menace, too. Maybe even more dangerous.
Dashboard Melted (USA)
Glad we have Ivanka and Jared as the adults in the room making sure that Trump doesn't do anything bigoted. That was the preelection theory, correct?
Florine (Stettheimer)
The judgement of history will take good care of each of these horrific Trump monsters.
paddy (Denver)
"The wrath of the people is dark.
Like the wild organ notes of wihter storm,
The battle's crimson wave, a naked
Fores of stars.

With ravaged brows, with silver arms
To dying soldiers night comes beckoning.
In the shade of the autumn ash
Ghosts of the fallen are sighing.

Thorny wilderness girdles the town about.
From bloody doorsteps the moon
Chases terrified women.
Wild wolves have poured through the gates."

---Georg Trakl, Eastern Front

Is this how America dies?
Watchful (California)
Dump trump and all the little phonies he rode in on.
Kareena (Florida)
Why don't these cons just live and let live? God knows what's he's doing.
Kathryn Esplin (Massachusetts)
More arguments about God in the history of humankind than just about anything else. Except territory.
Jason (Alaska)
Trump thinks that America is not being fair to him because we resist changing everything that we have grown to be for the sake of him feeling more comfortable. This is the most basic and accurate explanation underlying everything Trump says or does and there isn't any single word or phrase in our language to describe the depravity of it.
Jonathan Lipschutz (Nacogdoches,Texas)
Unnamed sources at Justice were overheard sayin, those gays are just not real people and should be sent to reorientation camps.How could they possibly think that they have basic rights?
Pres Trump is understood to be considering this and feels that this is a great way to pander to his base.
So tired (Chicago)
As a retired spook I have friends who are leaving Justice agencies in droves. The DEA, ATF, FBI and others have been taken over by far right wingnuts. They've gone over to the Dark (but whites only) Side with a vengeance. This didn't happen since the election, it's been done secretly for years. Pray for the leakers.
Savage Syd (Woodside California)
He's running for reelection already, on the public dime. A few thousand innocents thrown under the locomotive will guarantee a few million votes from the pathetic bigots that he is pandering to. How revolting! Were the gays not created by your God? Oh, to move the goalposts again you decided it was a lifestyle choice- more lying by the lying liars in religionland. So to consummate the unholy alliance between the religious right and the repuglicans the quid pro quo comes bubbling out. Shame!
Alex Cody (Tampa Bay, FL)
Just another example of the imbecility and viciousness of the right-wing mind.

One could just as well say the Declaration of Independence statement "All men are created equal" excludes women.
laolaohu (oregon)
That will come next.
Peter McGrath (USA)
People alive on the planet Earth today are entities that consist of male and female qualities. We need to be a more gender fluid society.
bored critic (usa)
can you please further explain exactly what "gender fluid" means. im in my mid 50's and those 2 words together confuse me. kinda like "military intelligence". pls eloborate and enlighten me cuz it makes no sense to me.
James (Ohio)
I heard that AutoZone has a sale on genderfluid right now.
Allison Williams (Richmond VA)
And they they call themselves a JUSTICE Department?
MDCooks8 (West of the Hudson)
So as consumers, any person can quietly discriminate as they choose. Which is why I glad Hillary lost the election because if she won, there would probably be a push to where or whom consumers purchase goods and services based on demographics or by creating economic zones to benefit certain people based on sexual orientation rather than on economic qualifications.

Perhaps those who voted for Hillary do not realize or understand that within the top 5 reasons why a person voted for Trump was to slow down this progressive manipulation within government of such social issues.
Jerry Engelbach (Mexico)
I read your last sentence loud and clear, even though you tried to cover up with polite language.

It means that you think people voted for Trump because they're homophobes and racists.

I couldn't agree more.
Mary (Sarasota, FL)
The United States of America military is not the best place to be pushing the gay agenda, transgender agenda, nor any other leftwing personal agenda. An American eligible for joining the military does so out of service to the country, not what he or she can gain from it personally. The blame for all this goes back to the entitlements attitude of "society owes me", in this case, Trump's ban on transgenders is the right move, the discouragement of transgenders joining the military in order to have that taxpayer subsidized sex-change operation. Perhaps it is due to the collective short memory of Americans but it seems almost too soon since we have forgotten the Bradley Manning escapade and I do not mean Wikileaks, either.
James R (Ohio)
I agree. A lot. The Democrats dropped the middle class for an entitlement mindset and some squeaky wheels that think because they scream the loudest they should get extra rights. Well, if you look at the Whitehouse, Congress, and the Senate, the American middle class has voiced their issue with it.
Jerry Engelbach (Mexico)
That's a pretty disgusting attitude to have towards people who are in the military.

You should be ashamed of trying to hide your bigotry against transgenders with a charge against them that is just as bigoted.
John Smith (Cherry Hill, NJ)
TRUMP And his Cabinet of Horrors, Sessions chief among them, are showing their true intentions by going on a rampage to strip citizens of the US of their Constitutional freedoms and rights. The direction of government has been to maintain and defend the rights of citizens. Trump and his Thugocracy are headed in precisely the opposite direction. Words fail to convey the pure evil and hatred upon which Trump is basing his presidency. A presidency which is a reflection of an extremely mentally ill man who shows neither empathy nor remorse, whose only interest is in taking what he wants with no regard to law, religion, Constitutional rights, ethics, morality or common decency. Trump's Thugocracy embodies all that is evil in the US. It is an aggressive, fast growing cancer that is killing the body politic. We must take radical, swift action. Trump is medically incapable of performing his official duties. The 25th Amendment must be invoked. Impeachment must begin for his top thugs who are doing everything in their power to destroy the very Constitution they have sworn to uphold.
James (Ohio)
If you try to destroy a countries culture because you don't like it then expecting no backlash. Common decency is not forcing kids to watch your insane unnatural ideologies, that completely go against nature and what it dictates for humans, because it gives you some sort of satisfaction or sense of winning. I literally watched a teen show and people are kissing. No big deal. Then there's two dudes. Shoving their tongue down each other's throats. No way. So, backlash. This is what you get when you push it too far too fast. Maybe in another generation or two a couple grown men will be able to do nasty stuff with their prostates without their neighbors looking at them funny. Probably not though. In the mean time, people see that as unnatural and disgusting, and trying to force those ideologies down people's throats isnt ok with a lot of people.
jamiep (calgary)
Trump has been on a campaign of social warfare against every non white 'christian' group in the United States since he began his candidacy. Injecting regular shots of hate filled adrenaline into the American body politic is his MO. Unfortunately, hate directed towards an internal 'other' is a time honored way to political power both in the United States and other banana republics worldwide.
Maidan Watcher (Ljubljana, Slovenia)
That would be called hate-speech and an attempt to label. That is bigotry.
hddvt (Vermont)
The ONLY reason any sensible person would want Sessions as AG is that he cant fire the special prosecutor.
stone (Brooklyn)
You can't remember interpret the Constitutional based on what you think should e here.
There isn't anything in it that gives the government the power to stop a company from discriminating against people who are gay.
If you believe there should be then you have to add that to the constitution.
This is a good thing.
You might not like it now because you do not understand is if you can give the government a power not in the Constitution someone else can do the same.
Someone who will give the Government the power to do something you do not like.
You can't use the Constitution to defend your rights based on what isn't there
and think other people will not use it to take those freedoms from you also based on something not in it.
This can be fixed on the state level and therefore if you want it changed it would have to be done that way as a Constitutional afmrndent
Ben (Pittsburgh)
Well, nowhere in the Constitution is the federal government explicitly given the power to prohibit race discrimination or sex discrimination either. And the post Civil War amendments, while they arose out of racial oppression, had nothing to do with employment and even less to do with gender. Do you believe that, absent a state law in , for example, Alabama, an employer can refuse to hire black people or hang nooses and racist epithets in the workplace, or refuse to promote someone solely because she is a woman? To be intellectually consistent, you would need to.
Jerry Engelbach (Mexico)
It's pretty easy for you to glibly dismiss other people's entitlement to the same rights that you have.

By your attitude towards them, you don't deserve those rights.
Wayne (NY)
Bernie Bros who said there was no difference between Trump and Clinton, what say you now?
Sean (New York, NY)
Don't blame them for your parties grave miscalculation. If you actually listened to them you might have won.
Cedarglen (USA (Not Texas))
Interesting timing that this 1964 Title VII should come up again now. I smell a rat. Obama's DOJ more/less ignored the fix and more are correct calling this a legislative problem, not something for the federal courts. Feelings in 1964 were far different than today and I have to believe that if the authors of the Civil Rights Act of '64 had been a bit more forward thinking, they would have included language to protect sexual orientation. The had other subjects on their minds. The several states have dealt with this, usually well, and it is rarely an issue - at least until #45 and AG Sessions arrived. (Number 45 seems to hate everyone and AG Sessions, an Alabama arch conservative may be trying to curry favor with a boss who is unhappy with him, added to his own bias. In 2016, even a majority of conservative GOP legislators support anti-discrimination rules. Will this become another waste of SCOTUS's time? Frankly, with a team of OTHER than #45 and AG Sessions, this would be a non-issue. End of the day: #45 and Sessions must go, in that order. Would V.P. Pence support this Friend of Court brief? Not likely. How can the supposed leader of the Western World support the degree of HATE for Mr. Obama and nearly everyone else as he apparently does? At nearly 70, I've never seen anything like this. Further, after six months, those who voted for #45 should be ashamed of themselves. With approvals about 40 or lower, many already are. Number 45 Must Go!!!
Michael W (NYC)
Whatever happened to the 14th Amendment-- equal protection under the law? Targeting and excluding any group from the rights and benefits enjoyed by the rest of the American populace is unconstitutional.

It is sickening to me, as a transgender American, that my government is forever trying to reduce me to my genitalia and my sexual proclivities. I am an educated and productive member of the work force, and I pay taxes for the good of this country. Are you really going to tell me, America, that I don't deserve the same protections in the workplace as everyone else?
Becky Wood (Seattle)
So, you're telling me that because I am a lesbian, I don't have the same civil rights as the white, heterosexual folks? Well then, if I have only half of the civil rights then I should pay only half of the taxes. Why should I pay the same taxes as my white, male, straight, Christian neighbor, and not have the same civil rights he has? Half the rights, half the taxes!
Lilo (Michigan)
If that argument didn't work for Black Americans from 1865~1970 or so then why would you expect it to work for you?
Kevin (Atlanta)
After this presidency we're gonna need a truth and reconciliation process to address all the harms done and start healing as a country. Discrimination has always been a big part of this country. In it's current form (which has people who actually believed this country was fair rolling in their pants) maybe we'll be able to finally have a conversation about the historical and daily discrimination that people of color and LGBT people have experienced here from before the country was ever founded.
CK (Rye)
No, in fact Justice Department Says Your Sexual Behavior Is Not A Grounds For Claiming A Rights Violation. That is for instance if you are straight, and your gay employer in Provincetown fires you to replace you with a gay person they prefer, you cannot claim a civil rights violation. No sexual orientation may be the basis of such a claim, not just gay. This sort of exercise in stringent clarification may seem obtuse, but it is not, it is simply very even-handed.

I'm as liberal as they come, but this is a fair interpretation of the statute. In it's wording "sex" quite obviously means "gender." I don't know where my fellow Liberals attended school, but the English language does have some rules of consistency ie word meanings that are pretty easy to state with respect to this law.

So rather than try to pull an Orwellian dissolution of word meanings because you have an affinity for a group, work to improve the law. Wouldn't it be better if the statute stated "sexual orientation"? The damage to a society from the destruction of it's language is more terrible than a fixable limitation in an area of rights.
Jerry Engelbach (Mexico)
You're not as liberal as they come.

LGBTs pay taxes just as you do and are entitled to the same rights. That's what someone as liberal as they come would say.
kevin (Boston)
Wow, the howls of outrage over a Justice Department actually reading statutes it is charged to enforce. This is a slippery, slippery slope . . .
Schoenberg (Houston)
While I believe that the Justice Dept under Sessions is atrocious, was he fired because he was gay or because he told his customer not to worry about being sexually assaulted because he was gay. I get that he was trying to put the customer at ease but if I owned that business I think I might have an issue with a employee that tells clients that there is the potential to be sexually assaulted by one of my employees. The instructor brought up the fact that he was gay which really had nothing to do with his ability to perform his job. I do not think I have ever had anyone bring up their sexual orientation in the context of doing their job.
Jim (New York)
I've got no dog in this fight, but I'm finding every day you have to go back to source documents. Here the court record is that the plaintiff sued his former employer after a client complained that the plaintiff discussed his sexual orientation with the client's wife for reasons that may have been innocent but still it prompted a complaint to the boss. The trial judge dismissed the Title VII claims, based on existing law, but he let the more expansive New York employment discrimination claim go to trial. A jury found that Mr. Zarda was not fired because of his sexual orientation under the more permissive NY law. Why a jury would find otherwise on the Title VII dismissed claim, who knows, and no matter what the Obama Admin said, the 2d Circuit upheld the trial judge on appeal. Lots of parties are now weighing in on an effort for get the 2d Circuit to re-hear the case and reverse its own earlier opinion that is in line with this new amicus brief from the Trump Justice department but c'mon, these are vital details that deserved to be covered in the Times' story that otherwise makes it sound like the brief is totally out of left (or extreme right) field.
Fred (Chicago)
Conservatives are for less government interference - until they're not, as in something involves their prejudices.
stone (Brooklyn)
Add this to my comment as I did not finish the idea
It takes too long to amend the federal constitution so if you want to give gay people this protection as soon as possible you will have to do it on the state level.
There will be some states that will do what you think is right and most likely there will be some that will not.
You should therefore at the same time you work to get this protection from the state not stop getting it from the federal government by amending the Constitution.
Seagazer (Redwood Coast)
I can tell you for certain that both California and Alaska Human Rights enforcement agencies enforce complaints of discrimination against gays on the basis of sex. The Judiciary hears disputed cases after EEOC and the State agencies find violations. I doubt he'll be able to change that procedure instantly any more than trump changed the Pentagon's.
Charles Hoff (Austin, TX)
By its plain terms, the law does not proscribe discrimination on the basis of sexual orientation. This is unfortunate, but as Justice Scalia said, "Garbage in, garbage out." If the meaning were ambiguous, great deference would be given to the interpretation of the EEOC, but it takes quite a bit of mental gymnastics to say that the meaning of this statute is unclear.
Marjie (Southern California)
As the cowards in power work diligently to erode the hard won rights and freedoms gained by the courageous deeds of compatriots in every decade of our relatively short history, all who are appalled, angered, pained, frightened, or disgusted by this dangerous, albeit pitiable, lot must band together. We are called to struggle together and yes, vote together in cities, hamlets and states across the land. Decent Americans, of any sexual orientation, gender or ethnicity, religion, rich, poor and everyone in between, must rise up with one voice if we are to stop this cancer from further spreading. We cannot afford to splinter nor can we afford to split hairs. Decency must be our common denominator.
MDCooks8 (West of the Hudson)
I am curious how many lawsuits claiming " sexual orientation bias " by an ex-employee against an employer is just a means or an excuse for loosing their job rather than their own poor performance or improper behavior or judgement by the ex-employee.

Based on the lawsuit cited in the article, how wise was it for the skydiving instructor to mention that he was gay? Not everyone is comfortable to be in such close contact with a non-heterosexual person and there isn't any law to tell a person who they need to obtain services from.
Michjas (Phoenix)
I have been saying this all along. Protecting work rights for gays affects 100% of the gay population. It is a huge priority and should have been fought for a long time ago. By contrast there are 250,000 married gay couples. a tiny percent of all gays. Why the fight for marriage took precedence over the fight for jobs is beyond me.
Mark Shyres (Laguna Beach, CA)
"essentially private dispute between a worker and his boss over gay rights issues."

It becomes a public issue when a worker files a public, civil law suit, or when a employe or potential or former employe wants protection under the law. Then it moves outside of the workplace.

That said, why should a person's sexual orientation matter? So what "issues' are we talking about? Well, I guess for some it may matter.

To that point, I'm still upset at the University of Missouri for suspending a friend and classmate for being gay, after he was putted to the administration" by fellow frat brothers. The suspension basically ruined his life, He died earlier this month. It was just unnecessary and sad.. Frankly, I don't think the school cared.
John (CA)
Trump asked what wss better for the LGBTQ community -- Clinton's words or his actions.

I think we have a very clear answer.
J L. S. (Alexandria VA)
I was under the impression this issue was resolved in April when, in a groundbreaking, 8-3 decision, the full Seventh Circuit Court of Appeals has ruled that workplace discrimination based on sexual orientation violates federal civil rights law.

The court found that such discrimination is a form of sex discrimination in violation of Title VII of the Civil Rights Act of 1964, the federal law prohibiting employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.

So now I imagine it's what they call a split in the circuits & pretty much guarantees the supreme court will resolve it.

Oh No!
Joel (New York, NY)
The Seventh Circuit decision resolved this issue only within the Seventh Circuit; Court of Appeals precedent in other circuits was consistent with the DOJ brief. So, no matter what the Second Circuit does there is a split in the circuits
Bruce Hogman (Florida)
Stare decisis is the principle of the Supreme Court.
United States v. Windsor and Obergefell v. Hodges decisions raised the protections granted by the 14th Amendment for equal treatment.
These precedents may overrule all laws governing anti-discrimination by demanding equal treatment of all persons.
"All persons" is absolute.
"All persons" is not qualified as to gender, orientation, and so on.
These two cases have yet to figure in federal court cases.
Lawyers can argue that the Justice Department's stance is unconstitutional.
Similarly, the stance stated by the unofficial tweets, if turned into Executive Orders can be challenged on similar grounds, that it violates the 14th Amendment.
Everyone may find that they are protected by the 14th Amendment.
Sessions' statement would become moot. It would not matter whether that specific law is one way or another, because the 14th Amendment overrides all such laws.
The two cases cited establish very strong precedents, as the decisions are based on the 14th Amendment with logic that will prove hard to deny.
John S. (Anaheim, Ca)
That may be how it was viewed on the left but for most people on the right, Obergefell v. Hodges was a rejection of the principle of Stare Decisis - not an affirmation of it.

All of the case law going right back to Reynolds v. United States in 1878 had defined marriage as the union of one man + one woman.
Golddigger (Sydney, Australia)
In the compendium of political reactions to the anti-LGBT in the military tweet of the big don, one person wrote about the amount of mental illness in the Trans community--I wonder if the insecurity prompted by this approach to human rights might just have a little bit to do with mental health problems of a community under assault.
SMB (Savannah)
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.

The Justice Department is now permitting open discrimination against LGBT and Trump has just openly discriminated against transgender people, in addition to Muslims, Latinos, and in the healthcare aspects, women.

Will the Supreme Court restore the civil rights of Americans?

The United States of America was founded on the principles of equal rights for all citizens, not just old white males who happen to be rich, usually from exploiting or cheating others.
Jim R. (California)
As a matter of policy, one can object to this action. As a matter of law, it is clearly right. No amount of mental gymnastics can make the language of the 1964 civil rights act cover sexual orientation. Indeed, had it been raised at the time, the law probably would have specifically excluded sexual orientation. Frankly, the Obama DOJ was way out of bounds in its interpretation; those who think sexual orientation should be protected should work to amend the law. The law is what the law is, not what we might wish it to be.
W.A. Spitzer (Faywood)
."No amount of mental gymnastics can make the language of the 1964 civil rights act cover sexual orientation."....You are wrong. The 1964 Civil Rights Act was nothing more than a reaffirmation of rights which already existed.
Dave Palmer (Wilseyville, CA)
In this day and age, law abiding citizens shouldn't need a law to protect their rights, they should just have them.
RoughAcres (NYC)
So....

I can be a MARRIED Second-Class Citizen?

2 words
1 finger
Roland Yamamoto (Kailua Kona, Hawaii)
It now seems that Jeff Sessions is the most respected and likable Secretary in Trump's administration. What? How did we, the United States of America, end up in this place?
MDCooks8 (West of the Hudson)
Because "progressive " ideology was over stepping boundaries.
Dan (New York)
There's a difference between what the law should be and what the law is. A majority of Americans likely believe that the statute at issue should protect the LGBT community. But the law, as was passed by Congress and signed by the President, clearly does not do so. The fact that it lists multiple categories of protected groups and does not mention sexual orientation is a clear sign that the law was never mean to cover sexual orientation. As does the fact that Congress has never amended the law. A court's job is not to rewrite laws. Expecting the courts to do so is the opposite of the democracy that Democrats love to say Trump is destroying.
magicisnotreal (earth)
You describe this as if the reality weren't the reality of it. That reality is that the President has no complaints about sexuality never has in spite of his attempt to distract with that tweet. This is a stunt by Sessions piggy backing on that ill considered tweet to enforce his prejudices. This is the thing he has excelled at in his career, using technicalities that clearly undermine the true intent of the law.
Now assuming your argument is correct;
Tell me, how did Judges decided that equal education was not equal if it was segregated when segregation was the law?
How did they decide so many of the things judges have decided that were counter to the existing law?

The rights we are talking about here are human rights. Thus they are not subject to being granted or taken away by anyone of any stripe whether or not there is "law" written about them.
MDCooks8 (West of the Hudson)
Where a person works is not a human right.

If the progression of a legal issue makes it way through the courts , the legislative and executive branches still have their constitutional duties to either make the issue into a law or if legal circumstances arise they think has the muster to challenge the courts decision on the basis of new or existing legal realities that cause other legal issues, both branches of government have the right to prevent the court's decision into becoming a law.
novany (New York)
But was it really necessary for the DoJ to chine in at all, if there was already a history of court rulings that rejected the sexual orientation argument? This chiming in is the equivalent of the IRS not "chiming in" by abdicating enforcement of ACA law requiring individuals to have health insurance. Don't keep d yourself, both positions are being put forth because of the current administration's philosophy regarding these matters

Anyway its a no brainer that sexual orientation should be a protected class under civil rights law. Non-profits in NYC at least do not discriminate based on sexual orientation. But sadly it won't become US law with current Congress and person in the WH.
Muezzin (Arizona)
The DOJ did not take away anyone's rights - it reversed a recent executive decision and asked the Congress to legislate. Now it is up to the voters and constituents to persuade their representatives to revise federal law with tenets that reflect the 21th century.

It's how democracy is supposed to work. Or am I missing something here?
Donna (San Diego)
You are missed the part of the declaration of independence declaring that all men are equal and have inalienable rights. The fact that racism and prejudice required we clarify who is included by the word "men" does not change the fact that we are ALL equal and no one in this country should be subjected to legal discrimination.
magicisnotreal (earth)
In a callous technical sense yes.
The fact is these rights are Human Rights not subject to the granting or taking away of political entities.
We also know the GOP Congress will not write such a law. In fact most of them have no idea how to write or pass a law even if they wanted to. Look at the confusion over the ACA why hasn't a single one of these Congresspeople proposed a bill they wrote that deals with what they see as important? What we have are the secret bills from the hidden entities of which only tidbits are known to the members.
They have been doing what they are told by hidden entities that control them for so long they no longer know how to do the job they are elected to.
Andy (Paris)
You're missing quite a bit actually, but carry on if you're happy that way. Otherwise, you could make a concerted effort to understand the issue. Personally, I don't have the patience for willful ignorance.
Joel (New York, NY)
The readers who were so eager to deplore the government's position should read the brief, not just the NY Times article. It's based on years of history under Title VII during which the courts and the government read it as not extending to sexual orientation with no response by Congress (although Congress did act to amend the same provision to reject court decisions with which it disagreed (e.g., coverage of pregnancy related issues)). Your frustration should by directed to the Congress.
W.A. Spitzer (Faywood)
What about rights for people who are blind? Or people with red hair? Or people who profess a preference for a political party? Where are those rights stated? The most fundament principle of the United States is that all men are created equal. If you believe otherwise, than you are not an American.
Joel (New York, NY)
-- W.A. Spitzer

I am an American, but I am also a lawyer who understands how anti-discrimination laws work, which you obviously do not. Title VII specifies a list of characteristics that cannot be the basis of employment decisions (e.g., race, religion, sex). Characteristics other than those on the list can be used for employment decisions unless they have the effect of discriminating on the basis of a listed characteristic. Sexual orientation is not on the list.
Jerry Engelbach (Mexico)
"Sex" can be interpreted to include sexual orientation.

As a lawyer, you know that every side has an argument.

As a homophobe, you picked the wrong one.
chandlerny (New York)
Is this the discrimination that the Trump voters, the Johnson voter, the Stein voters, and the non-voters voted for?

How can we enlighten these people?
MDCooks8 (West of the Hudson)
If a recent comment of mine is published by the NYT, this will provide some insight to your question.

Please do not forget that the people who voted for President Trump are consumers and as consumers we can quietly discriminate by choosing from who and where we purchase or goods and services, unlike how Obamacare took away the cherished "freedom of choice" from many Americans.

If for purely economic situations or circumstances limits on consumers' choice arise, reasonable people may balk but will understand. However forcing them for political social reasons is rarely welcomed and should Congress attempt to force a form of Obamacare on other types of services consumers need that they must patronize a business on the basis of the providers' sexual orientation may not fair too well on principle alone.
VW (NY NY)
Especially the Stein "purity" voters. Aka "naderites '16"
rocket (central florida)
Its time to abandon the very premise of a "protected class". By definition it is discriminatory. As long as we continue to carve out special rights and considerations in our society for a certain few, we will always be separated and unequal.
Bud (SD)
Protected classes exist so the class is treated EQUALLY. They are not receiving special rights.
Donna (San Diego)
Says the person not in a protected class. How did we reach a point where we needed to protect some in this country from discrimination? What is wrong? Do you feel discriminated against?
James S Kennedy (PNW)
Then let's get rid of evangelical bigotry.
Kelvin Marten (New York)
This should become a warning lesson to those who are outraged and yet did not vote last year. Inactions bear consequences and in the end, President Trump is only doing what he said he would do and the ones who did not vote let him win.
AC (Minneapolis)
So he lied, again. When will Trump fans care? I guess when he gets around to lying about something they care about? Wait, that's already happened. I guess they just care about the win. It's all they ever bring up.
Damon Hastings (Houston, TX)
I strongly support gay rights. But I also support blaming the right people. It's nonsensical to blame the executive branch (or the judicial branch) for the problems with this law. Blame Congress -- they made the law, and only they can fix it. As written, the law clearly does not include sexual orientation (the list is "race, color, religion, sex or national origin".) And "sex" means "gender" -- look it up. Do we *really* want to set a precedent where the executive branch is able to simply redefine words in order to change a law into whatever they want? With Trump in the whitehouse? Really?
Francis (Naples FL)
Thank you for one of the most reasonable comments posted.
Jerry Engelbach (Mexico)
A GOP Congress is not about to pass a law to protect LGBTs.
Take off the blinders.

It can be argued that "sex" includes sexual discrimination, and that the 14th amendment alos protects all persons from discrimination.
Sharon (Chicago, IL)
In April, the 7th Circuit Court of Appeals (including 3 Reagan appointees) ruled 8-3 that discrimination on the basis of sexual orientation is discrimination on the basis of sex, which is prohibited on Title VII.

My money is on Justice Posner and the not-liberal 7th Circuit.
suetr (Chapel Hill, NC)
Hillary warned us when she so aptly quoted Maya Angelou: when someone shows you who he is, believe him.
magicisnotreal (earth)
A technically correct reading that is abhorrent and wrong the more so because it is an attack as a diversion from the fact that the GOP Congress is failing to repeal or replace the ACA. Also trying to divert attention from and undermine the investigation into the conspiracy between Trumps people and the Russians.

Whatever the reasoning of the courts was that asserted the Civil Rights of black people were to be respected regardless of the state of the law at the time, applies here. Jim Crow America was never going to write law that respected black people regardless of whether or not society came to accept black people as equal. They are still trying to suppress their voting rights.
The same applies here where the GOP Congress is never going to act to protect the LGBTQ community. Their rights are as sacrosanct as any other citizens rights are since they have no other legal protection than their own government treating them as equal citizens.
earth (Portland,OR)
Where is the Equality and Justice for all? All I see is equality and justice for rich white men. Truly heartbreaking.
Renee McLaughlin (Chattanooga)
It is striking how different the comments today are ("liberty and justice for all") from yesterdays story on the transgender military ban ("liberty and justice for some")..........
Charles (New York)
So THIS is why his fellow Republican senators recently rushed to his defense??
Jackson Aramis (Seattle)
Alan Feuer's article is written with an unbecoming obtuseness. Based on Trump's actions, there is no doubt that our misbegotten President's jurisprudence is undermining lesbian, gay, bisexual and transgender civil rights. These are dire times, Alan. Do not equivocate. Depict reality and speak the truth.
Marsha Robie (<br/>)
We are better than this.
Ruth Ella Owens (Dallas, Texas)
NO! We aren't. We have NEVER been better than this. DAPL has been allowed to poison The Sioux's water source. Not to mention desecrate their sacred prayer sites. 525 years worth of pain.

Black people never reached parity. Every facet of their existence is fraught with hazards. Police randomly murdering kids, old women, on camera or no ensures the whole community is terrorized.

Women are being prevented from owning their own bodies. Rape, sexual harassment is in vogue since Trump has ascended to the Throne after admitting to an array of crimes.

No, we aren't and the rest of the world already saw our hypocrisy.
Jim L (Seattle)
Next week:

"Justice Dept. Says Rights Law Doesn't Protect People Who Are Not White Males"
Tired of Complacency (Missouri)
And I thought there was no one (probably in the history of the planet) that had more love and respect for the LGBT community than Trump...

2018 and 2020 elections can't get here soon enough...
MoneyRules (New Jersey)
To all the Muslims, Immigrants, Latinos, Minorities and LGBT that voted for Trump...maybe you should have read what he was saying about us before you pulled the lever, ya think?
Ruth Ella Owens (Dallas, Texas)
Black women voted over 94% for HRC. Black MEN voted for her over 76%. No other demographic approaches those figures. White women, fo figure, didn't support her.

This country is a hateful place. It couldn't go on like that. This is the wake-up call.

Comfortable white people abandoned this country. All the ills, police murdering citizens, campus rape culture, the exhaustive road to citizenship, Native American rights and concerns saw no improvement because white people's will was missing. This system is white-owned.
HBL (Southern Tier NY)
Does this surprise anyone? The GOP opposed to LBGT citizens? Who knew right? Look, be white, be "christian", and be right or get out!
Mmac (N.C.)
I personally know gay people who sat out the election, voted for Bernie even though I insisted it was a wasted and very important vote (after NY). Also those who voted Green party and even voted for Trump. Black lives matter people as well - deriding Hillary and sitting it it out - when she would NEVER have supported any civil liberties being taken away. She fought for civil rights her whole career.

Votes and no-votes have consequences

You will all get exactly what you deserve.
MDCooks8 (West of the Hudson)
The brakes being applied to progressive ideology is what we received which many wanted and said silently by voting for President Trump.

The sooner this is understood may be the better off we will all be.

People who complain about and think that this nation is only protective of "straight white men " really need a reality check and rethink their priorities.

I can care less what a person does in private as long as it is not criminal that impacts innocent people, but since 2008 the rhetoric created by social media and progressive media outlets on such issues is not helping those in true need. This repetitive conditioning over this period time is now manipulating opinion not for the betterment of society but only creating a more disruptive nature.

If a person looses their means of work for legitimate reasons, okay I have no issue with legal remedies and laws, but to push and push for sometimes invalid reasoning that may not be the actual fact of a matter is part of the problem with ethical reasoning behind what some people think is justifiable.

The phrase "Silence is golden" has been long lost and "attracting bees with honey" has been substituted with bitter salt.
Jerry Engelbach (Mexico)
That's complete nonsense.

Three million more voted for Clinton. That's what the people wanted, not the skewed result mandated by the undemocratic Electoral College.
CD-Ra (Chicago, IL)
The AG is obviously not a Christian.. It is known that some scholars believe Christ himself was gay and so were some of his apostles. This assumption makes some sense so perhaps narrow-minded bigots like Sessions and the suppressive but so-called "Freedom Caucus" ought to reread the New Testament and accept Christ for the man he was.
MC (Indiana)
Hmm... shouldn't the Justice Department's filing be more properly titled an animus brief?
erquirk (Sunny California)
A "friend of the court" brief IS an amicus brief. "Amicus" means "friend" in Latin.

The full term is "brief amicus curiae" which literally means "friend of the court brief."
MC (Indiana)
Quite aware of what "amicus" means. My intent was to point out that the source of this brief is not "friendship" but "animus," aka "hostility."
cud (New York, NY)
So wait. Does that mean I can discriminate against employees because they're heterosexual?
Steve Bolger (New York City)
Everybody is entitled to a workplace free of sexual harassment, and sexual harassment can happen to a person of any sexuality, conventional or otherwise.
Ricardito (Los Angeles)
Hello, Log Cabin Republicans, I'm looking right at you. What do you have to say for yourselves?
Chris Correale (San Francisco)
So they take away these rights, then what's next?? I will not draw historical parallels but I seriously wonder how an administration that has made enemies with one group after another can survive for long. There will be a tipping point...no matter how many tricks the Repubs have up their sleeves.
Ghost Dansing (New York)
So yes. The Republican Party and its constituents must always have someone to persecute. It's in its DNA. It's the way they roll.
nectargirl (new york city)
Clearly, "sexual preference" would not have been explicitly listed in 1964. But it's the intent of the law to protect people. What this Justice Department is doing is obscene, cruel, and repugnant.
Philip W (Boston)
Truly shocking. Sessions should be fired. Nobody could be worse than he is.
LaughingBuddah (USa)
Why are you folks surprised. The GOP right does not consider gays to be human beings, the consider them to be perverts and animals. Why else would you deny human rights to a group unless you simply did not consider them human?

Hey, Log Cabin voters, remember this next time you pull a lever to vote. You are not a hman to these people, you are a "thing"
anonymous (new jersey)
What's next? Women lose the vote and are considered property? The Founding Fathers are turning over in their graves with this news! When will it stop this bigotry and hatred? These so-called Christians are like the Pharisees and Sadducees during Christ's time. They are hypocrites! I don't care whether anyone believes in God or not but this statement is pertinent: "There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female; for you are all one in Christ Jesus." (Gal 3:28).
Steve Hiunter (Seattle)
Trump and Sessions obviously feel that they are more equal than the rest of us. Who will they target next?
Peter Henry (Boston)
Yet another act by this administration to undo actions of President Obama. Trump and his minions are small, petty, and vindictive.
barbara (nyc)
lets go back to the past. the law doesn't protect the poor, laborers, children, dogs, slaves, tribal enemies. please add to the list. hadn't we become more civilized? not according to the crackers of yore who madness killed indigenous people, african people stolen and sold, children on the street, women w/out husband, people of different religious beliefs....oh god how troubling our great society has become. our president enjoys the likes of dictators and gangsters. we are united in our diversity, we can by our mere numbers say no.
NYCarchitect (NYC)
Trump is garbage. This is not a surprise. This is just his way of distracting from the Russia investigation. Let's hear more about that.
anita (california)
This is probably the first of many groups that will suddenly find the constitution and civil rights laws no longer apply. DeVoss has already "made neutral" the Ed Dept's civil rights efforts. I am waiting for the administration to decide that women aren't entitled to vote.
inkydrudge (Bluemont, Va.)
Be very clear about this. The anti-LGBT agenda is the work of Pence, not Trump, who, based on his public pronouncements in the past, could care less about the issue. Pastor Pence, who won't eat a meal with another woman unless his own wife is present, is the grey figure at Trump's shoulder whispering, whispering in his ear, now collecting who knows what debt and imposing his own medievalism on the nation. Push back, everyone - Trump's attention span isn't long enough for this to happen.
An American (in Paris)
So are you defending Trump? What's your point? Seems absurd. Trump is the Tweeter-in-Chief and no one seems to be able to control him. He sits on the toilet in the middle of the night pumping out sewage ... true that Pence is a rabid homophobe (the worst ones are often closeted themselves - I can see him in the Castro, can't you? With the right clothes, he'd be a good-looking middle aged gay man) but Trump is, if anything, the author of his own oeuvre.
Alfredthegreat (Salinas)
What does Trump want? He wants to be adored. Failing adoration getting attention is a second best. So all the anti gay, anti transsexual, anti Moslem and anti Mexican nonsense gains continued adoration and attention from his troglodyte base.
Lest we forget (eur)
Trump IS the swamp.
George (Annexia)
All I can hear is the scribbling of a million checks. Well done, Trump/Sessions. You've awoken the ire of a voting bloc that, in lock step, will ruin you.
Whatever (Sunshine State)
Fire this man.
And fast!

He's going down the crazy train track, taking notes from his boss. He will do anything to keep that job. Just watch. He's going to get more radical. The more radical he gets, the more he thinks he is safe in that position. And regretfully, he's probably correct. Horrors!

Its human decency, what difference does it make if you are straight, gay, bi, non sexual, asexual, whatever, makes no difference in job performance (and how about those congresspeople who might not be "straight" whatever that is...I know there are some) and oh by the way, what's with these so called religious people not following the teachings of Christ. Its a joke. But its not funny.

His reading of anything should be taken with a grain of salt. I don't care if he is a lawyer, he is not a constitutional expert. Scary.

I have never understood the current usage of the term : CONSERVATIVE. This man is anything but as are many of those others with an R by their name. About as far from conservative as you can get. Managing people's bodies with outrageous birth control hysteria. Professing their "interpretation" of documents as the accurate version. Reminds me of a church I went to one time and the preacher said, " we don't interpret the bible." Ridiculous.

And he is meeting with leaders in El Salvador? to address gang violence?

Whatever.
Mary (California)
I worked 44 years for the federal government with 22 at high level. To my understanding and training, any discrimination regarding sex (including LGBTQ) is illegal and employees have the right to sue their agencies through the EEO process and to sue any employee that discriminates. We are trained as high level and new employees are also trained. Trump is an idiot who doesn't know or care how our government agencies and our country works. Sessions also is confused in how our government works. He's putting his hate agenda first and good governance last.
Clark Landrum (Near the swamp.)
The Constitution affords us all equal protection under the law. It doesn't say except for gays and transsexuals.
Betsy Huntington (Arizona)
Who cares who someone sleeps with as long as they can do the job. Personally I would rather be strapped to a gay man than a regular man if I was going to jump out of plane with him. Just Saying.
Ignatz Farquad (New York)
There probably aren't many of you but if you are gay, or trans-gender and you were stupid enough to believe Trump and vote Republican, well, I can't say I sympathize much. The rubes and yahoos and bigots and just plain old American morons who checked the R box are going to be next, when they find out that the Obamacare they hated so much is gone, and they get that $32,000 emergency room bill, or Mom gets kicked off chemo, or their demented granny has to leave the nursing home to come home and drool on their rug. No sympathy for them either. Sometimes you have to get kicked in the head to wake up. Ye reap what ye sow, fools. Oh but then there's Obama to blame, of course.
Hawkeye (Cincinnati)
Pence and Sessions, Pence is Religious nut, Sessions, a bigot...

Thank You Republicans
It's a Pity (<br/>)
Okay ... back to hating on Jeff Sessions again. Whew! That's better ... I felt a bit wobbly, yesterday, when he seemed less repulsive because of the drubbing he was taking from Trump on Twitter. Back on even keel now.
lukesoiseth (saint paul, mn)
Every time the Republicans try to force gay people back into the closet and a second class citizenship, my mind wanders to old Dick Cheney, the man voted most likely to hate gay people in high school but was bonked on the head by fate and lo and behold, his daughter is gay. Now old Dick Cheney believes in rights for gay people, as do most thinking people, other people who have friends and family who are gay, and the gay people themselves. My Republican friends, if Dick Cheney can love gay people (or at least, one gay person), so can you, and you can treat them like equal human beings, too!
Stewart Wilber (San Francisco)
Why is anyone surprised? Fascists need minority groups to demonize. The only surprise here is that Herr Trump is going after the Attorney General who is the prime mover behind it. In a way, that's good news. It shows Trump hasn't got a clue about how to get organized. But he is still extremely dangerous, and shows his colors more and more. Dump Trump!
Ellis6 (Washington)
Passing heath care legislation is hard.
Passing tax reform legislation is hard.
Passing infrastructure legislation is hard.

Braying like an ass and spewing bigotry is easy.

And you thought he was going to Make america Great Again. (use of lowercase "a" is intentional).
wlieu (dallas)
So we are now way past talking about the (lack of) ethics and constitutionality of this administration, we are now just staring, mouth agape, at how many more things Trump's despicable hole can swallow.
doug (sf)
Some make the absurd argument that Sessions is doing this to clarify a weakness in Title VII. The Justice Department doesn't file briefs for the purpose of making academic clarifications. They file briefs hoping to influence courts to follow their political and philosophical line. The purpose of this brief is to try to prevent courts from using title VII to protect the civil rights of non-heterosexual Americans. If the Trump posse wanted those rights protected, they would have said nothing or supported the Obama Administration's interpretation. If they believe that LGBT rights should be protected but don't think title VII is sufficient or is open to reinterpretation, then they would be asking for an amendment to make title VII more explicitly protect LGBT rights.
Justin (Charlotte, NC)
Land of clarification, home of inaction.
Lisa watkins (Highland)
I noted a comment stating 'special treatment for some does not constitute equality under the law'
What about those who require wheelchair access or sign language available for hearing impaired, not to mention federally mandated free and equal education for persons with learning issues who receive special education through services provided by public schools. Equal access and accommodations for transgender individuals who serve or wish to serve our country was and should continue to be provided and respected.
Steve M (Columbus, OH)
If current law doesn't protect the LGBT community, then congress should pass civil right legislation that does. Do you think that's something McConnell and Ryan can handle? If not, the midterm elections are coming up. VOTE!
Steve Bolger (New York City)
Only one third of the senators have to stand for election in 2018, and two thirds of them are Democrats. You're stymied out of the gate, Steve.
C (Connecticut.)
And I guess it makes you feel special to deny all citizens basic rights....
dgm (Princeton, NJ)
LGBT Americans can turn that 22,000 DJIA into 6,000 overnight if they are pushed into a corner. I don't think the U.S. Senate would want that to happen, no matter which party is in the majority. An active resistance is being summoned now; enough with the pink hats, it's time for a bit more clarity.
Christopher (Rillo)
Although many states have protected LGBT employees in their employment statutes or decisions, Title VII does not mention gender preference and federal courts have generally refused to extend the statute to bar sexual preference discrimination. In fact, the amendment of Title VII to include such protection for the LGBT community was a high legislative priority for both the Obama administration and advocacy groups, but they could never muster the legislative coalition that was necessary to advance the issue. Therefore, the Justice Department amicus filing is not really news as they are not advocating a novel position. At best, it is unusual (perhaps even mean spirited) that they have chosen to intervene in an appellate case to advocate this position. A cynic might conclude that they are pandering to their base or the Civil Rights Division, which used to be litigating their discrimination, housing and police practices cases, has too much time on their hands.
PeterW (New York)
Whether one agrees with the Justice department's position, one must agree that it takes a great of courage for the Trump administration to take such a politically unpopular position on this issue. It's good to see the Democratic process in practice and not just in theory. The controversy also underscores that "justice" is not blind but very much subject to the whims of political beliefs and those with the most money. In a Democratic society, the pendulum always swings.
doug (sf)
Yes, it is so brave of them to serve up raw meat to their base while denying basic rights to their fellow citizens based on sexual identity.
Michael Shapiro (New York)
This may be "politically unpopular" with most readers of this newspaper, but in actually, it is not brave, because it just pandering to the worst instincts of the Trump base, while the President is working so hard to distract attention from the Russian probe and what he must be hiding, as well as while he tries to take health care away from millions of Americans.
Andrews (NYC)
Every day, no every hour, Trump and his minions do mind boggling things.
This week - and its only THursday:
a grotesquely inappropriate speech to of all groups, boy scouts.
recurrent bashing of his strongest and longest ally and DOJ choice
bashing of the acting FBI director - he fired the former
fixation on Hillary and Obama that borders on psychotic
tweeting about a new major policy change in the military that the military did not know about
going back on a campaign promise to LGBTVs
Kafen ebell (Los angeles)
And his minions out doing things that arent even in the news...like dept of interior stuff...drill baby drill

You forgot: the generals trump thinks are his found out about ban same way we did...so trump was lying about that too.
Radical Inquiry (<br/>)
The solution is obvious--Congress can pass a law against such discrimination. This would clarify/solve the matter. It's called, "democracy."
But it should go without saying that Trump should not be President! Let's not confuse the two issues. (Neither should Jeff [War on Drug Users] Sessions be the A. G.
Think for yourself?
Jorge (San Diego)
As usual, this administration isn't clear about it's intentions. Are they merely pointing out the lack of protections in the law? That would mean they intend to do something about it, strengthen it-- or not, and open the door to proponents of "religious freedom" who want to discriminate against anyone based on their avowed sexual orientation. Are Donald Trump and Jeff Sessions really now the face of America, where misogyny, homophobia, and racism are once again acceptable?
thecrud (Va.)
Laws have become nothing but suggestions now. Lord what has America become.
Norman (Bloomfield, NJ)
Our country has been steadily marching towards equally protecting the rights of gay and transgender Americans. Bigots and extremists will try to take us backwards, but they will inevitably fail.
Pamela (Burbank, CA)
Lesbians, gay men and transgendered individuals, prepare for another monumental fight that will be won in the Supreme Court. Stupidity, hatred and injustice will never win in our country. Truth and fairness will always triumph.
Kafen ebell (Los angeles)
I wish that was true...but look who "won" the election. So truth and fairness didnt triumph in that instance, or a thousand others.
Jeremy (Guadalajara)
It's a big week for hate in America!! Yay!! Land of the free!! Home of the brave!! Best in the world!!
CD-Ra (Chicago, IL)
Evil and injustice afoot. This is the AG Trump picked, a devil incarnate and Trump is no better. Their difference now aren't related to their heinous comunality but to the fact that Sessions was forced to recuse himself. Their sins remain united: bigotry racism and attacks on sexual orientation. They are unAnerican fascists.
totyson (Sheboygan, WI)
The law uses the word "sex", which must have been, and continues to be understood by the 1964 definition as "gender". Couldn't that understanding evolve to include gay people just as "all men" has evolved to mean "all people" are created equal? If our understanding of gender itself has changed over time, shouldn't the concept embodied in the law also keep pace?
Dan (<br/>)
To all who have been calling for empathy and understanding of the plight of the disenfranchised working class Trump voters. To all who have blamed the Democrats' loss on "identity politics", as if oppression of minorities was some fabricated snowflake delusion, hear me now...If we do not resist and thwart this oppressive regime you will find yourself alone when they come for you.
VW (NY NY)
Trump, Bannon, Sessions show their true colors. Will this result in a complete reversal of the millions of gay marriages? When will the pink armbands become mandatory? These WH jokers really are a bunch of fascists, catering to the ignorant, low-information hilllbilly Christians that make up the Trump"s whaopping 37% approval that is driving all US poliices--the lowest rating in history for this phase of any president for which polling his been taken. At all costs, and costs, the 37% must be held!

A race to the bottom.
Ian Maitland (Wayzata)
In my view, there are two possible ways out of this mess -- (1) repeal all anti-discrimination laws in the private sector and leave hiring and promotion decisions to the market (my preference) OR (2) amend the Civil Rights Act of 1964 to prohibit discrimination -- that's right ALL discrimination; NOT discrimination on the basis of sex, or color, or race, etc., but discrimination on any basis at all. That would mean that any employment decision made on a basis other than merit or fit, etc. would be illegal.

After all, think about it: Isn't it discriminatory to prohibit some forms of discrimination in employment but to permit other forms of discrimination? Why leave anyone out?

It won't do to reply that some forms of discrimination are less frequent than others or less severe. How is it any consolation to a victim of discrimination to reassure them that the discrimination they were subjected to is very rare? In any case, the CRA protects whites and males from discrimination, even if conventional wisdom holds that they are rarely discriminated against.

This move would also restore the pristine intent of the Civil Rights Act of 1964 which was not to privilege certain groups but to stop discrimination. It would also expose the fact that the Act has been castrated so that it now not only permits but mandates discrimination. It has become a spoils system for favored groups and gays want a place at the trough too.
Real Texan (Dallas, TX)
I have long worried that my daughter and other young women in their 20's and 30's don't understand how fragile our civil rights are as women, and how easily they can be taken away. If any good can come from the present interlude in hell in which we find ourselves under the current administration, I hope that women and minorities in general, as well as the gay men and women impacted by this Justice Department and this president, will be motivated to become more active politically. We must end the complacent mindset that kept so many people from voting in the last election.
jeremiah (usa)
The American Taliban is on the march, following their demented leader and his psychophants. Arm bands, brown shirts, torches and pitchforks will be provided.
JFMACC (Lafayette)
How does this square with several different Supreme Court decisions on the rights of gay people to marry, e.g.?
ebmem (Memphis, TN)
SCOTUS made a political decision that they could override the will of the people in 40 states and put an end to the continuing litigation with respect to gay people. They work out of DC and were influenced by the prevailing liberal environment they occupy. There was a small minority on either side of the argument, and they went with the one that was noisiest.

In reality, the overwhelming majority of the population is indifferent to the issue. They have friends and family who are gay or transgender or eccentric in other ways. They are kind and respectful of all, but don't see a particular need to provide special legal protections for characteristics that cannot be detected unless the eccentric chooses to reveal them.

Since the SCOTUS decision, the LGBT "community" decided to make the inability to purchase the wedding cake of their choice the civil rights issue of the century. The federal government department of education sent out a threatening letter to public schools asserting transgender rights had a single solution: adolescents had to be allowed to shower with their identified gender, ignoring the accommodations that schools had made.

[Note, the transgendered have been using the bathroom of choice for decades. That the federal government decreed that non-transitioned adolescents should be permitted to shower with those who were aware of their non-transitioned status was a step too far.

If you want to change the law, you have to get the legislature to pass a law.
Jerry Engelbach (Mexico)
Your post ignores the very real discrimination that gays have suffered through for generations.

Your attempt to dismiss that as if everything was okay until liberals began making waves shows you to be incapable of walking in their shoes.
Tom (Tucson)
Pretty sure this was high up on the list of priorities on all those folks in Ohio, Pennsylvania, Wisconsin...who voted for Trump, cause you know you need to deal with the big "G" issue before you get onto the other stuff that they were planning on doing. You do know the Federal Government has an out sized interest in being able to act in a discriminating way because of all the people it employs.
Jonathan (New York)
The Insane Clown Posse was mildly amusing as a Hip Hop Group....

As the leadership running this country, it's anything but....
Smithy (Los Angeles)
According to Trump, Sessions should blindly support an lying, cheating, treasonous, sexual-predator-draft-dodging President...but not support the rights of millions of gay and transgender people who just want to work and not be fired because their nut-job boss wants to "Make America Hate Again".

So Trump's job must be protected at literally all costs but regular hardworking Americans better be heterosexual (and white?) if they 1/100th of the job protection our lunatic in chief demands. Apparently, we can't impeach Trump for being a criminal without merit or legitimacy, but we could impeach him if he was gay?
Steve Bolger (New York City)
Going by his effect on that Wall Street mooch he's grooming for a MiniMe, Trump seems to hypnotic capabilities that numb the brains of people who believe in magic.
Henry E. Jones (New York, NY)
This ain't the LGBT community's first time at the rodeo!
Red (NYC/SF)
Trump is in trouble so he is playing to his base and his base thinks transgenders are freaks and gays are evil sinners. I can't understand why any LBGTQ person or sympathizer would ever vote for a Republican. And it was so clear from the company Trump keeps (and kept) and his base that he was not a LBGTQ sympathizer.
magicisnotreal (earth)
Trump does not care about Gay people. Its Sessions and the southern and hyper Christian GOPers who care. Trump is pandering here to distract from the fact that he has got nothing done with a GOP controlled Congress they can't even agree to continue talking to each other without having the Veep show up to break a tie!
russell manning (San Juan Capistrano, CA)
And yet the man he considers his mentor, Roy Cohn, Sen. Joe McCarthy's personal attorney during the HUAC hearings, one of the most un-American periods in our history, and portrayed in "Angels in America," both the play and the film, who was gay and died of AIDS. Hypocrisy is Trump's guiding light.
Chris (Sacramento Ca)
Just as a note, California explicitly protects all variations of sexuality and or orientation under its FEHA: the California Fair Employment and Housing Act (FEHA) prohibits employment discrimination because of sexual orientation and protects homosexual, heterosexual, bisexual, transsexual, and transgender employees. The law also extends to housing discrimination in California.

The California State Constitution's Article One Section One, guarantees privacy, unlike the US Constitution. And Article One Section 31, a) "The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."

Thus at the California Lawrence Livermore Laboratories, many transgender people work in research and development of weapons.

Clearly there is now going to be conflict regarding State's rights versus Federal. The law is, where ever more rights are afforded, those rights will prevail.
Yeah (Illinois)
You are optimistic: the "religious freedom" laws are in the works, to federallly guarantee the power to discriminate against gays. We're going to have a federal law superseding state laws banning discrimination.
Tony P (Boston)
That's right. The more protective law (in this case the state law) supersedes the less protective one (the federal law). We're fortunate to have the same situation in Massachusetts.
Uptown Guy (Harlem, NY)
I'm confused by the strong support from the L.G.B.T. community for the Trump administration. What gives?
Dan (Washington)
I believe the vast majority of LGBT voters did not vote for 45. However, there are greedy, racist, sexist and self loathing homophobes in all demographic groups.
Regulareater (San Francisco)
On what do you base this? I hadn't noticed any particular support from the LGBT community for Trump. Am I missing something?
ATOM (New York)
I am confused as whether I should cry or throw up or do both at the same time.

Trump and his cadre of corrupt men are dismantling our Constitution one right at a time while each day new evidence of collusion with Russia emerges. Where is our Congress? Why don't they care? ! I fear that this will not be the last group to be stripped of rights and persecuted. What happened to our country?!

Now more than ever, we need to speak up and fight injustice!
Charlierf (New York, NY)
Okay ATOM, but would you please fill us in on exactly where “our Constitution” protects LGBTs from job discrimination?
russell manning (San Juan Capistrano, CA)
Oh, I am confident that as soon as the Republicans can deprive millions and millions of our fellow countrymen their healthcare they will get down to the business of removing more individual rights.
S (PNW)
Crimes against humanity.
tony b (sarasota)
Surprise LGBT community- who didn't see this coming? The party of old white bigots doesn't change it's stripes. I hope those who voted for trump and the republicans in the last election take heed. 2018 is not that far away.
Adam Janowski (Fort Myers, FL)
This is only the beginning. There will be more to come. Stay tuned.
These Dark Times (Cambridge, MA)
There's no surprise here. Right?!
Andy (Paris)
In the meantime a constitutional scholar, former president Obama, came down on the other side of this argument, as have multiple judgements at state and federal level. If Trump's tweets are any indication the amicus brief was drafted under duress at the DOJ and appears at best to be specious overreach.
So I think I'll reserve my opinion on who is *correct* in a legal sense, because I already know who is *right* down here amongst us mortals.
nonya (nonya)
Fortunately the "justice department" doesn't have the final say in how the civil rights law is interpreted. That privilege rests with the US Supreme Court.
Big Guy (North Carolina)
Yeah, and guess who is going to select the next 2-3 Supreme Court justices. The thought of that should set your hair on fire, but I'm pretty sure Mr. Trump will self-immolate before then. Oh wait, then we have Mike Pence to deal with.

This is all a nightmare, and I really hope I wake up.
EHR (Md)
Yeah, the US Supreme Court weighted by an illegally appointed conservative justice.
Andy (Paris)
DOJ says you CAN fire for being gay, period, end of story, no qualification. THAT is the story, and the issue here.
As to the facts at hand, was Varda fired for being gay or for saying he was gay? Maybe, Maybe not. If not entirely fabricated, the motive is flimsy, IMHO. The court will sort it out, one can only hope with equanimity.
anthony (florida)
Welcome to the USA, the greatest country in the world ?
Tony P (Boston)
Just the latest in the long list of trampled rights perpetrated by this administration. These attempts to appease its base, take attention away from its own misconduct, and sow confusion - Russian style, also give license for more disturbed members of our society to freely discriminate, or worse, against one group or another. Please keep at the investigation Special Counsel Mueller. Looking forward to seeing some of this administration end up in court.
Al (Ohio)
This action by the administration should not be a surprise. Look who the administration has appointed. I am not even shocked that certain gay groups are supporting this position. As I always say: you get what you vote for.
isotopia (<br/>)
I have no doubt that the horror, disgust and indignation to this latest volley from Trump's administration is real.

But what I do wonder about is why it seems to have taken people aback and unaware?

Really dear reader? You're actually surprised?
Cindy (San Diego, CA)
Trump said he wouldn't attack gay people. He also said he wouldn't touch Medicare or Social Security.
Melissa (Massachusetts)
How can a "civll rights" law not protect our citizens from fair and equal treatment? It's okay to discriminate......but only against this one group. Is that what makes us "different" from Russia - that we only allow discrimination against some? Discrimination against any group should be absolutely against the law.
Jim (Colorado)
I believe that Russia also only discriminates against some. They surely discriminate against gays, so this new measure shows how Mr. Trump would like to make us more like Russia.
AC (Minneapolis)
This and the tweet yesterday are not distractions, or mere politics. They are a warning:

LGBT community, don't get too comfortable.
NYT Reader (Virginia)
The Trumps had dinner with the Fox News people, similar to the "need loyalty" demand that he made to Comey. Trump is afraid. Trump and Kushner are crooks (money laundering) catering to the Russians for two reasons, they want to and they have to. The communications in White House is running a diversionary propaganda war, a la Goebbels.
Kim Susan Foster (Charlotte, NC)
If it doesn't protect Gays then it doesn't protect Heterosexuals either. Good Luck Heterosexuals. ----- "does not protect employees from discrimination based on sexual orientation". I suppose the Heterosexuals haven't seen the demographics on "Them". The Best Countries can do Equality. The USA is going to be behind, very behind.
laguna greg (<br/>)
This is only the first step.

They're going to drag us LGBTQ away to the ovens first, any way they can. Then they're going to refuse to serve you because you're not saved, or you don't give to their church. Then because you're Buddhist, or Muslim, then because you're Catholic, or divorced, or dark-skinned, then because you're not a man (and they get to decide what that is). All perfectly legal and above-board.
WMK (New York City)
Mr. Zarda, the sky diving instructor, was giving this female student too much information about his private life. Would a heterosexual instructor have made a similar comment about his sexuality. He just should have kept quiet. She probably thought he was getting too personal and he was. Who really cares.
Andy (Paris)
Irrelevant. The story is the DOJ amicus brief saying he can be fired for being gay. Everything else is a sordid distraction, ie the comment I've rebutted.
Lex (DC)
Who really cares? I care. The LGBT community cares. People who respect the rights of all our citizens care.

And you should care because we don't know who will be targeted next.
russell manning (San Juan Capistrano, CA)
Perhaps I misread the account but my sense was that Zarda, recognizing the closeness of his physical position with the female student with her husband present, wanted to be reassuring that he would not abuse his physical position with any "Trumpian-predatory" behavior. But, it was the husband who reported him. Strange. Maybe he thought the revelation was an insult and that his wife would cause any healthy white male to make untoward advances.
Barbara (SC)
This administration seems to be going out of its way to discriminate against people who are doing no harm and often much good. It's hard to believe they don't have more important things to do than continue to challenge the current law of the land.

I've had gay and straight employees. At work, they are the same outside of sexual orientation. In some settings, my gay employees have been a particular asset, such as in a halfway house for alcoholic men. They became successful sober mentors to gay residents.

As an employer, I could care less what someone's sexual orientation is. I care if they have the skills and attitude to a do a good job. Period.

In the military, our gay and transgender members have served well and without incident. We have spent a lot of money training them, money that is wasted if they are summarily discharged. The question here as anywhere is whether a person is able to do the job assigned. If so, that's what matters. Period.
Hooey (Woods Hole, MA)
This has nothing to do with gay rights. It has everything to do with the rule of law. Congress never passed a law that made sexual orientation a protected class, nor has the Supreme Court. The only federal authorities who think that sexual orientation is a protected class are the EEOC and a retired president of the United States.

That is no way to adopt a law.

Do you remember that class from 3rd grade -- how a bill becomes a law? Nowhere in that class did they tell you that THE EEOC CREATES NEW LAWS. Nor did they teach you that OBAMA CREATES NEW LAWS.

That's is all the administration is saying. Send this to Congress, and have the laws passed there. Was done with the Civil Rights Act of 1964, and if the people will it, they will do it again.

It is the only fair way to create new laws. Your president making it up on the fly does not work. Nor does the EEOC making it up as they go work.
Louis Anthes (Long Beach, CA)
What a bunch of self-serving rhetoric that is demonstrably wrong on the facts.

This SPECIFICALLY has to do with gay rights, as the Administrations has taken actions targeting gender expression and sexual orientation by LAW.

Moreover, 42 USC Sec. 1983 specifically permits lawsuits against the DoJ for engaging in conspiratorial activity publicly announced to serve the intention of ending the legal rights of LGBT individuals.

42 USC Sec. 1983. READ IT
Steve Bolger (New York City)
All I see is a collection of narcissistic liars forcing their sick religion on people I know and like.
Ricky (Saint Paul, MN)
Mr. Hooey - that's exactly what your ideas are. Hooey. It doesn't take a new law. Rights are rights. Discrimination is discrimination. People are people. For instance, black people have always been people endowed with their Creator by certain inalienable rights. It's just that some Americans are bigots and racists, and it has to be made explicit to them so that even the misogynists can understand what it means to be an American citizen.
latweek (no, thanks!)
ummm...Mr. Mueller, hate to bother you......but could you perhaps....HURRY UP!

Thanks,

The People.
PayingAttention (Corpus Christi)
Let's see...you are born with your skin. What is next, people of color will have no protections against discrimination? No sympathy for Mr. Sessions. Hopefully you will get fired. But of course until we have the spine to get out and vote all of these backwards people out we are doomed. Starts locally. Do it.
SkL (Southwest)
The United States of America continues its determined march backwards.
Jh (Penn Valley Ca)
What will be tomorrow's group, and what's the next step, internment camps?
Alan (Hawaii)
I'm sorry, I thought this was a settled question in our society. Is this what Republicans really want? Have they been gritting their teeth waiting for the opportunity to strip away rights from gay citizens? What do they say to friends and family members who are gay -- get out of my sight?

It just doesn't feel like our country can go that far backwards. But these are ugly times.
Michael Bechler (Palo Alto CA)
Transgender people in the military, followed by gays in civilian life. Are gays going to be thrown out of the military next? Get ready.

I wonder what the military types make of all this.
Paul (Palo Alto)
Over and over these atavistic wretches in the White House and trump's republican administration demonstrate that decency and freedom and fairness are extremely fragile unless they are clearly written into law. This is a lesson to all of us; What a good administration does, a venal and corrupt administration can undo. Decent people, VOTE, take control of congress, pay close attention, insist your legislators pass rock solid laws that pigs cannot soil.
MarkW (San Diego)
I wanted to come up with something thoughtful and clever to say but "What horrible people" seems most fitting.
rosa (ca)
Well, of course the Dept of Justice doesn't protect them.
It doesn't protect women either, and they are 51% of the population.
Sorry, folks, but we women warned you and have been warning you since Reagan outlawed the Equal Rights Amendment.

That ERA wasn't just for females, you know.
It was for ALL persons.
That's why Ronnie and the Religious Right had to get rid of it.

And now I'll give you another warning: You ain't seen nothin' yet on what this bunch has planned. Zarda was giving you the warning when he said of the EEOC, that the EEOC was "not speaking for the United States."

That's your warning from his own mouth.
Whatever you thought the United States is or was..... well, there's a "New United States of America" and NUSA doesn't like you, NUSA doesn't need you and you will be SILENT.

NUSA says so.
David P. (Chicago)
Yes, the gay rights issues are supremely important; but focus on what the Trumpists are doing, not what they're saying at the moment. The choking smoke raised by attacking gay rights hides the even more hideous crime against basic health care that Republicans hope to ram through Congress this week. There are so many atrocities to monitor, don't let one overshadow another. One outrage must amplify the last -- and the next, not cover over each other. --- Let's face it, the only solution is to rid Washington of the hive of evil and incompetence that has risen to the top of the swamp.
Joe Gorman (Philadelphia)
This is just beyond nuts...
marcia (california)
I am crying right now. I am a 78-year-old lesbian and I have been through it all. I thought we were past this, partly, I guess, because I live in a progressive city in a fairly enlightened state. More fool me. As "That Man" (used to be Roosevelt) tweets: Sad.
Neal (New York, NY)
This really calls for a national strike: "A Day without Gay". Let's select a date for all LGBTQ people, their friends and families and neighbors and colleagues, to stay home in protest and remind these monstrous homophobes (and shameless political poseurs) that we are everyone and we are everywhere and you can't do without us.

Resist and disrupt.
Bob (San Francisco)
The law doesn't say "gender" it says "sex". They are being discriminated against because their employer doesn't believe their sex matches their preconception of their gender. It's still discrimination against their "sex" which is clearly against the law ... and that goes for Trumps new harebrained tweet.
Andrew (Sonoma County)
Sadly, history has seen a playbook like this before.

The nazis before and during World War II used this such tactics to intimidate and bully its people into submission. Simply by targeting and persecuting those at the margins of society.

And before you could say Adolf Hitler, everybody was a potential target, regardless of sex, ethnicity, race or religion.

If you did not fit in with the ruling class or you exhibited any form of deviation from the supposed norm, or if you opposed any policy dictated by the leadership, off with their heads.

Horrific as it may seem, history repeats itself. Now also in America. But the good people of this land will defy; and truth, justice and the rule of law will again prevail in our good nation.
Watson (Maryland)
GOP's next target after gay, lesbian & bi will be to make the 13th Amendment to the US Constitution disappear. Mark my words.

The City on the hill will not include anyone who is different in color, thought or mode.
John Linton (Tampa, FL)
It's no contradiction to support LGBT rights strongly and to oppose federal fiat by Eric Holder that hyper-extends the purview of the Executive at the cost of other branches' power like the Legislative.

People need to argue for laws to change based on reason and understand that the road to tyranny is ultimately paved with good intentions. Just because a policy is ethical does not post facto justify whatever means were used to put it in place.

One could make the same argument over Obama's DACA fiat: a fine policy, but utterly unconstitutional on its face.
Jerry Engelbach (Mexico)
If a policy is ethical and protects people, I don't care what means were needed to put it in place.

Yiou're not going to get justice from a GOP Congress. Wake up.
cjpollara (denver CO)
Does Title VII overrule the 14th Amendment's prohibition against [by extension] invidious discrimination, i.e., discriminatory treatment of a person or group that is not reasonably related to a legitimate purpose?
BRE (CT)
The 14th amendment applies only to government conduct, not to private discrimination.
Jerry Engelbach (Mexico)
Not true. Courts have ruled otherwise.
jhanzel (Glenview, Illinois)
There are actually studies that show most left-handed people have brains that operate differently than right handed people.

Maybe that's the next thing to test employees for so they can be properly allocated?
Joe (iowa)
....which bars discrimination in the workplace based on “race, color, religion, sex or national origin.”

sexual orientation is not in the law. Neither are fat people, short people, redheads, and so on. Trump didn't write the law, Democrats did.
Galfrido (PA)
Given that Trump ran in part on bigotry, the Justice Department's brief shouldn't come as a surprise. And it certainly seems plausible (though rather pathetic) that Sessions is also trying to prove his loyalty to Trump by filing this brief. Again, no surprise there. Still, this coupled with yesterday's decision to ban transgender people from the military stings. What is happening to this country? Every day brings a new shock. Sure, maybe Trump is just trying to distract us from other news, but these actions have serious implications for real people, too.
Larry (Morris County, New Jersey)
How utterly stupid were some of my LGBTQ brethren and sistern to have believed at all in a man who in 2016 was already known to lie profusely, stiff vendors, sexually harass women, hide his taxes, mock the disabled, call for gun owners to go after his political opponent, praise a ruthless dictator, and for years prior, run around declaring our first black president to be a Kenyan by birth? If you overlooked all that and supported him anyway, shame on you and your cognitive skills.
Old Ben (Wilm DE)
Many of those who settled the 13 Colonies were 'dissenters' under English law, and could not attend University. They were also discriminated against in terms of owning property, testifying in court, jobs, housing, etc. If your forebears were in any of these categories, please include yourself as a decedent of those who suffered such treatment:
Catholics, Pilgrims (Congregationalists), Baptists, Methodists, Jews, Presbyterians, Irish, Scots, etc, etc, etc. Oh, AND gays.
Guerrmo (Portland)
What do all the "Gays for Trump" think now that they are able to get fired for being gay and all Trump and his gang say is, "Tough Luck Suckers".
Andy (Paris)
Please! Don't give the Trump propaganda machine the satisfaction!
blue_sky_ca (El Centro, CA)
This is yet another reason why people need to vote and also, be thoughtful and considerate about who they vote for. Some people voted for this, as repugnant as that may be.
David (San Francisco)
Trumpism is more than Trump, more than one man or one family. It is a political movement, driven by frustration, resentment, even hatred. To keep on truckin (which of course it wants to do), it will need to spread division, it will need to be divisive. It thrives on blame, on putting people down. Bullying is it MO and hallmark. It will keep on bullying until those sickened by the consequences of having tolerated and in some cases supported it for months, maybe years, vastly outnumber those who aren't and take action to stop it, to kill it.

It will not go away by itself, or because of scandal. It will have to be stopped by people who take action.
CoffeeAugur (Colorado)
Sure looks like it does to me: "(section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment. "
Sterling (Brooklyn)
Trump can read the pools and he knows that the Evangelicals and Southerners whi harbor nothing but ill will toward the gay community are his base now. Watch for Trump continue to throw the LGTB community under the bus as this insecure narassistic Preisdent desperately panders to his base to keep the adulation which sustains him coming.

Sad that there were gays who ever thought he would be ally to our community.
BobFromLI (Massapequa)
Welcome to 1939. We had covenanted deeds, the German-American Bund and we'd be telling Jewish people on the St Louis that they were the wrong kind to come here. We'd have public facilities marked "whites only" and people having to go to the back of the bus because of skin color. It was illegal to marry the "other kind" in many states and slavery was a memory for some still living. And, gays were harassed, beaten and killed. I wasn't alive yet but apparently hate has a longer life than mine.
Copse (Boston, MA)
Well, this is a good one for SCOTUS. I bet there is nothing in the hearings leading to the law that addresses gay discrimination. So legislative intent is probably absent. Yes, attitudes have changed, and for a gay rights advocate it seems exactly the "right time" to get "sexual preference" added to the text of the law. One should consider this an opportunity.
JLM (Haverford PA)
Whether the Civil Rights Law protects LGBTQ people may be open to question, but I am sure that plaintiffs are also making a Constitutional argument. They will surely win the latter, in light of the Supreme Cour's marriage equality ruling.
Old Ben (Wilm DE)
"Equal Justice Under Law" reads the sign I walked under in 1964 at age 14 to listen to an oral argument on a different case before the high court. By failing to mention gays, does the 1964 Civil Rights Act therefore condone discrimination against those adult citizens who do not fit the mentioned categories? If that is claimed, why do we not require that the law also list those citizens EXCLUDED from equal justice, so there is no confusion of interpretation with respect to the 14th amendment. Does the law make clear that, despite the 14th amendment, it specifically mean to exclude gays, native Americans, women in head scarves, gypsies, theater people, atheists, or other such groups who have experienced job and housing discrimination in this country in the past?

A more plausible reading in light of the Equal Protection clause is that the list in not intended to require discrimination against those unnamed groups, but instead is intended to specifically include the named groups in a general legal protection. Read this way it is an affirmation of a general right to protection from discriminatory business practice. It is unreasonable that behavior SCOTUS has ruled is a constitutionally protected activity is not protected by the Act, and by the Equal Protection Clause. Does the law protect Muslims but not gays? Is not being gay part of the mentioned "sex" protection?
Hooey (Woods Hole, MA)
Yes, the law does absolutely permit discrimination based on categories that are not listed in the 1964 Act or any subsequent laws. It always has. The level of comprehension of the law here is abysmal.
Old Ben (Wilm DE)
So then, Hooey, please define 'Equal Justice'. Laws past after an Amendment are to be interpreted in terms of the whole Constitution's
standards, which includes 14. I know it is often interpreted differently, but must not be if it is to be constitutional.
drw (sw fl)
While I agree with some of the commenters who are saying that this is but another attempt to distract the public away from the Russia investigation, I think more specifically it is an attempt to throw some red meat to his evangelical base.

When the hammer starts to come down after Mueller's investigation findings become public and trump and his gang of grifters are exposed for their crimes, these same evangelicals will stand by trump because he appeased their bigoted, black hearts by throwing them some bones like religious freedom at the expense of others and being able to say Merry Christmas - as if anybody ever told them that they couldn't.
NYReader (NYS)
Very convenient of the DOJ to make this move now when gay marriage is legal and many people are now living openly as gay vs. 1964 when the law was written.
So what are employers entitled to do - ask an applicant if he or she is gay? If the person says no, what criteria does an employer come up with to "decide" if someone is gay? Seriously - how crazy is this country becoming...!
Edward Brennan (Centennial Colorado)
All women and minorities should realize that Republicans came first for the Muslim immigrants, now they come for the LGBT community. If you are not a rich white man who espouses but doesn't practice Christianity, you very well might be next.

The Republicans might like your business and they might like your vote, but they only value you for how you may serve them. Your dignity is not of interest or a concern for them. Their libertarianism is that those that have, keeps. They want to keep it in the family, and you aren't a member.

Look those who voted for Trump in the eye, and realize they and their leader are coming. For some they're already here.
Charlierf (New York, NY)
Wow, just amazing. Almost all NYT commentators make no distinction between what they believe to be right and the plain words of the cited law.

Have no fear. During the campaign, Trump declared himself best friend to LGBT folks. So I’m confident that, any day now, he’ll amend Title VII - aren’t you?
WS (San Francisco)
Dear POTUS, no better time than now to fire AG, for the win. Sure, you might get impeached. Some of us enthralled voters may consider that a win-win.
DG (New York, NY)
Where is gay Republican billionaire Peter Thiel now? He spoke boldly about LGBT rights at the GOP Convention last summer where he publicly supported candidate Donald Trump. Speak up now, Mr. Thiel. Trump listens to billionaires. Or are you quietly taking refuge behind your rising stocks and wealth?
Andy (Paris)
Personal responsibility. Except when inconvenient.
Yeah (Illinois)
Billionaires don't need protection from employment discrimination. They are the employers, not the employees, the ones who defend the suits, not the ones who bring them. Maybe Thiel identifies more with the rich than with gays.
damon walton (clarksville, tn)
Change begins from a place of discomfort. If we are to be a country that embraces all of our citizens on equal footing then it must be equality for all not just for the select few.
Carol Mello (California)
Trump's supporters (his base) and his staff do not believe all people in this country, even all citizens, should be treated equally. That is part of what their vote for Trump over all other Reoublicans running was about.

We are living in an Orwellian country now.

We have double speak coming out of the mouths of the president and his White House. We have some animals (white males) who are more equal than others. We have appointments being made which are examples of behavioral double speak. We have an administration in favor of perpetual war. We are swapping enemies for allies and allies for enemies.
Anna Kubiak (Princeton, NJ)
If anyone believed that trump would support or uphold any civil rights policies they were extremely naive. Sessions has a long history of bigotry and racism. So, if you are not a conservative, bible-waving, white, rich male your rights will be curtailed in one way or another. We don't even deserve health care, let alone being treated as equal.
Mr Inclusive (New York City)
The remedy to discrimination is making workers important and valuable. As long as workers are disposable, and NEED to keep their job for healthcare, discrimination will be just another tool to oppress.
Carol Mello (California)
I know exactly when the company I was working for decided employees were disposable. 1988. A 4th level manager held a round table "discussion" with 12 employees from 1st level departments underneath him.

He told us we were "a dime a dozen."

Great example of how to make employees feel lousy and lower morale.
kda (California)
I would like to hear Session's explanation of the rights law, if and how it doesn't protect gays.
Artist (in America)
We shall see what the Supreme Court has to say. Wait for it.
Wayne (Old bridge)
Trumps con game rolls on...just spectacular how so many people fell for the con.
Ivanka and Jared are part of the smoke screen, three card monte lives!

This exclusion of rights for certain Americans will only bolster his cruel and intolerant agenda...2020 can't get here soon enough.
Patton (NY)
This is astounding. I feel like we've been time-warped into 1938 Germany. So what do we do? All stand by pretending nothing is happening here?
BC (NJ)
The ignorance about this issue is breathtaking.
Sexual orientation is not a protected class when it comes to federal discrimination laws. If you don't like it, write your representatives and senators and ask them to change the law.
Andy (Paris)
The issue is settled, despite resurgent bigotry. Or do you prefer a pitchfork moment? Because that's what you seem to prefer...
BC (NJ)
You are correct. The issue is settled. Sexual orientation in not a protected class under the law.
Yeah (Illinois)
You're not aware of the en banc ruling of the Seventh Circuit that sexual orientation is covered by Title VII. Hively v. Ivy Tech Community College, decided in April of this year, is a comprehensive and convincing opinion. Worth a read.
slime2 (New Jersey)
Here come the evangelicals. They are the least Christ-like people among us, full of hatred for all those who don't think and believe as they do.

I guess African-Americans are next, then women. I'm waiting for Sessions and his minions to begin to make interracial marriage illegal and then take away the vote from women.

Evangelical Christians promote their Jihad via their bigotry and discrimination.
ezmark (Las Vegas)
I don't even know what country I'm living in anymore.
Carol Mello (California)
Trumpistan.
Dano50 (sf bay)
Yawn...Just another attempt by Trump to create more chaos to provide a smokescreen for the destruction being wreaked on the country by his cabinet and to divert attention from his Russian connection problems.
Jude Smith (Chicago)
Isn't this the kind of grandiose government intrusion and threat to the rights of Americans the Republicans (and their Midwest rural herds) bemoan day in and day out? Let's call it what it is, shall we? Political expediency in advance of mid term 2018 elections and trying to push something to the Supreme Court. (where they will lose.) Why would anyone vote for politicians who, time after time, want to take away their constituents' lawful rights? It's baffling.
Carol Mello (California)
They were
1. worried about their gun rights; or
2. they were upset about the Black Lives Matter movement; or
3. they were upset that working middle class people, average income 70K, could not qualify for Medicaid under Obamacare but poor people could qualify; or
4. they were upset about increasing political correctness; or
5. they were worried about the rights of Christians to control everyone else's behavior--there was a time when they did and they wanted it back; or
6. they hate liberal politicians and all people who vote for them.

Please feel free to add to my list based on comments you have read from Trump voters.
UH (NJ)
Some other nations that did not or do not protect Gays: Nazi Germany, Communist USSR, Iran, Sudan - the latter two adhere to Sharia law.
Forrest Chisman (<br/>)
What else did anyone expect from Sessions? Look at who he is, his background, his beliefs, his record. Next he'll be arguing that Federal Civil Rights statutes don't prevent discrimination against Blacks. Wait a minute! He's already done that in Alabama.
WilliTF (Western NY)
I've come to the pinnacle of knowledge: Trump, his appointees, his Congressional supporters, and not lastly his voters have no integrity. They will sell out this country in the name of an intangible deity, personal greed, and loathing of successful people that do not share their regressive mindset. Psychological warfare is a conservative tool and it's victims are unaware of their status. Here in upstate NY, we call them non-readers.
Carol Mello (California)
They buy selected books on Amazon dot com but there is very little evidence they actually read them. Then they post 5 star reviews to promote more sales of these books they approve of.

So, yes, maybe you are right. Some of them don't really read much.
joe smally (NYC)
So, it's JUST US
and not everybody else:
women, LBGT, the poor,
those without medical coverage,
minorities, intellectuals, those who read
both the NYT and CNN...
no justice in America
until trump and Old Boy
WASP network unplugged
after hundreds of years.
It will happen.
Tom (California)
The Department needs to be renamed to "The Department of Injustice."

This entire administration is deplorable.
stopit (Brooklyn)
Disgusting.

But let's not waste time being disgusted; instead, call- and e-mail bomb your representatives at state and local levels to introduce SPECIFICALLY WORDED non-discrimination bills, for everyone—every faith, every creed, every ethnicity, every economic class, every age—in no uncertain terms.
Carolyn Chase (San Diego)
"Title VII of the 1964 Civil Rights Act, which bars discrimination in the workplace based on “race, color, religion, sex or national origin.” What don't we understand about the word "sex"? and human beings' diverse approaches to it - including none-at-all? Same thing about religion - what is about human freedom that we don't understand? Freedom means freedom to or freedom not to - and to simply be free and without fear of action against you by any government or violence by any actors.
Sharks (Scituate, RI)
and Jeff Sessions continues his blaze of discrimination Past performance indicates future performance.
David Henry (concord)
Who will Trump go after next?

You?
Neel Kumar (Silicon Valley)
Jee, I am surprised. NOT!
Chris Wood (Los Angeles)
My question would be, do you have to be right? If I can fire someone for being gay, do I have any obligation to be correct in my assessment about their sexuality? Can I fire someone I think is gay? Or someone I feel is gay? If so, can't you then fire anyone and cover yourself by saying that you did it because they were gay? I would think you could.
Cindy (San Diego, CA)
The media is taking this Trump bait. The headline today should be the healthcare vote in the Senate!
Wamsutta (Thief River Falls, MN)
So maybe THIS will bring people out into the streets in protest??? I've watched in deep frustration as these hateful people continue to persecute those different than themselves. Back in the 80's we had groups like ACT UP, we marched and demanded action. Now it seems like if you send an email, or a tweet, that makes you feel your role in fighting all of this heartbreaking news has been accomplished. It hasn't! We have got to fly to Washington, or Austin, or New York or wherever the most effective places will be for protests and we have to fight back. These bigots and liars do not represent America, don't let anyone for a minute, think that they do!
Chicago Guy (Chicago, Il)
Why don't Trump and Sessions take the next logical step and make a law that says that, "Killing gay or transgender people will no longer be considered a homicide, as homicide implies that you're killing a human being. The law will now treat those offenders the same way as if they had simply killed a small animal."

Welcome to the Church Of Trump And Sessions....
Richard (Texas)
As if I already didn't hate Trump as President enough, his administration goes and does this. This has Pence and the hard conservative right all over it. Can't wait to get rid of Trump.
skbpdx (portland)
As a gay man who has been in a relationship with one person for 26 years, this disgusts me. As to those who are stating Artical VII wasn't intended to include sexual orientation and we should move toward amending it to do so, I ask what in the meantime? We allow this horrendous administration to keep this up? We stand by while our citizens in the red states (because that's where this will occur) are terminated for their orientation? Finally, I am heartened by the outreach and compassion in these comments. They help and I thank the majority of you.
Sue (Boston)
I wonder what Peter Thiel thinks now about his Trump support. Oh right he's rich and doesn't care.
FunkyIrishman (Eire ~ Norway ~ Canada)
I just do not understand.

I am the husband, and my wife is going to get into a situation where another man is going to have his body pressed up against her. He goes out of his way to try and make an awkward situation a more comfortable one. HE is showing empathy.

I then react with rage and jealously and whatever ''small'' reaction that is completely out of proportion. I then complain to the guy's management, which then fire him for said empathy. It may have ( or not ) destroyed his life.

For what ? I just do not understand.
jules (California)
Hello, 2018 mid-terms!

RESIST.
Dano50 (sf bay)
Next...they're coming after the 64 Civil Rights Act...and so emboldened, the entitled white men who want to rule America might even try to go after overturning the 19th Amendment. With women out of the way, their dream of global domination via Manifest Destiny first, then Christian Sharia Law (God's Plan For America) could be fulfilled.
Bobnoir (Silicon Valley)
Might the Constitution's Equql Protection have significance here?
Or is it The Golden Rule?
Whys (Between the Lines)
I've watched for the last 30 years as LGBT has won battle after battle in the courts. While a few people still hold prejudice, the majority of this country has become very accepting of LGBT. If Sessions and the administration want to go to war with them, I have every confidence in LGBTs ability to persist and prevail.
dgm (Princeton, NJ)
The Justice Department is correct: the rights law does not protect LGBT Americans. This protection needs to be codified into law immediately, and Trump must sign it, or militant LGBT Americans will silently prepare to sabotage their workplaces. "A plague" is what Larry Kramer would call it, and it only takes a coordinated few within each workplace to bring this country to its knees. Stop complaining and prepare for a more active resistance.
George Dietz (California)
Sessions is more than beleaguered as his mob boss in the white house called him. He is more like benighted, willfully ignorant, blind and cruel.

He should be fired, not for inadequate kissing of Trump's whatsis but because he never should have been appointed in the first place and should never have been confirmed.
RLW (Chicago)
Is anyone surprised? The Trump administration is aiming to be the most reviled presidency in the history of the country. Actually they have already achieved that distinction. That and Gorsuch are their only achievements to date. So Sad!
Karen (New Jersey)
Anti-gay - another thing this administration has in common with Russia.
robert blake (PA.)
Charles Blow in his editorial today said it best:
First they came for the Socialists, and I did not speak out — because I was not a Socialist.
Then they came for the trade unionists, and I did not speak out — because I was not a trade unionist.
Then they came for the Jews, and I did not speak out — because I was not a Jew.
Then they came for me — and there was no one left to speak for me.
Megson (Louisville)
The LGBT community has been denied their civil rights at the most basic level, murdered, beaten, persecuted, allowed to die of a terrible disease, ostracized, thrown out of jobs and housing, had their families ripped apart, been unable to see their own partners in a hospital bed dying, been made to undergo hormonal therapy and conversion therapy - all to satisfy your hatred and intolerance of them. NOTHING about this is Christian! Enough of the bigotry, homophobia, and hatred of your fellow human beings.
CD-Ra (Chicago, IL)
While there is no doubt,and never has been, that Sessions is a bigot, so is Trump. They both deserve to be fired from office. They are both unjust and inhumane individuals who approve only of people as bigoted as themselves. Since the reality of the 21st century doesn't suit them, it would better if they resigned holding hands instead of feuding. Neither of them belong in today's world much less in a Democratic society since both are chauvinistic selfish arrogant and unCristian to their cores.
William (NYC)
It looks like Attorney General Sessions is deploying a wedge in the form of a LGBT civil right's reaction - to remove himself; simultaneously addressing President Trump's lack of confidence, and thier mutual fear of Mueller's insvestigation into the Russian Scandal.
MTS (Kendall Park, NJ)
This is draining the swamp and making America great again?
judith stern (Philadelphia)
I agree with Bob - let's see the Democrats do a little work - like issuing a bill that clarifies this question. If I can see the writing on the wall, so can they - tax loops for the wealthy, eradicating environmental regs, cutting funding on EVERYTHING that makes the world a better place - the arts, foreign aid, medical research, and returning to the racist, gay-hating, women-hating past. Ok Democrats - do something besides be anti-Trump. Are you working on anything besides healthcare?
Rev. Henry Bates (Palm Springs, CA)
It appears that he is copying Putin. When his popularity waned he got the support of extremist-fundamentalist-Christians and then threw them red meat with his policies against gay and lesbians. Trump wants to divide us; immigration, civil rights, women's rights .. all of these are just so much fodder to be used.
common sense advocate (CT)
Trump, Sessions, Bannon, Pence, Ryan, and McConnell are coming into our bedrooms, our offices, and our schools with their fake bibles guns and hair spray to institute their horrific brand of Shariah Christianity.

They are waging war AGAINST, not on behalf of, human decency.

The only way to stop them? Stop democratic infighting and unify factions currently fighting over which is most in need.

Join hands and vote, together.
Maywine (Pittsburgh)
We are fast are fast marching backwards. Thank you 45.
Aardvark (Houston)
Demcratic was worth spit they would stand up loud and clear . They would not only stand against Trump and his dislocated psyche and the GOP co-conspirators, they would be actively putting forward their alternatives. This is where we can most clearly their failure. Where is Bernie Sanders?Where is Democratic leadership? LOL...where is Hillary Clinton?
This is not a party leadership that has the courage we need, and we need badly to disabuse ourselves of such fantasies and move on.
quadgator (Watertown, NY)
To history students the parallels here and 1860's describe best as ironic if not chilling.

Southern plantation owners install enthusiasm for the "Cause" (slavery) used the social cast system upon poor non-slave holding whites to literally to get them to enlist into the Rebel Army.

"Well at least I'm not a slave" mentality was wide spread within the Armies of the South and fear of being reduced to something like a slave or worse, and add the fear of free blacks competing in labor markets for jobs, left many southern lower social economic whites with the belief that slavery was in their best interest.

Now we have Trump & Sessions, dividing healthcare insurance by those who have it and those who don't, cannabis users who have no social redeeming value, women who have no freedom over their own bodies and the LGBTQ community who have no rights under labor laws whatsoever. The similarities to the Antebellum South should raise grave concern in every freedom loving American.

This from the biggest lying, cheating, scoundrel carpetbagging "elitist" Yankee going, so much so he's even carried the plantation mentality to the White House and his own AG Sessions who lacks the any courage whatsoever.

Hey Jeff show some guts, pride, and self-esteem and quit, or does the love of "sticking it" to the LGBTQ(s), potheads, and everyone who is not like you the ultimate motivation?
James brummel (Nyc)
you mean the guy who lies all the time lied? I'm shocked.
Mike (Peterborough, NH)
Those thoughtless Americans who voted for Trump are getting what they asked for - and the prognosis for the immediate future is even worse. I can only think how stupid those who voted Republican last November must feel with each passing day. Sadly, all of us have to live with this ill conceived electoral decision.
Robert Roth (NYC)
Jeff and Donald are bonding.
Ami (Portland)
Trump's presidency is the last angry gasp of the last generation who grew up when it was acceptable to openly discriminate against people based on race, religion, gender, or sexual orientation. Trump and others like him came of age as the civil rights act was being implemented. They suddenly found themselves in a world where everyone had rights and were successfully fighting for them. No longer was being a white straight male enough to ensure a life of comfort and privilege.

We will become a more open-minded​ tolerant country as the younger generations come of age. They have been taught that everyone is equal and everyone has the right to live their version of the American dream regardless of race, religion, gender identity, or sexual orientation. Their openness out numbers those who have bigoted views. They are our hope for a better future.

I'm grateful for the freedoms I enjoy today ​because of the brave people who fought for civil rights, womens rights, and LGBT rights. We must continue to fight back against intolerance because we cannot go back.
Muddlerminnow (Chicago)
Just watch: ADA will be the next target of Trump's to get hacked to meaninglessness. Anyone not covered by the Civil Rights Act of 1964 is going to be an easy target.
GMR (Atlanta)
I just wonder, are we finally going to get some relief from this white male superiority thing, that seeks to ruin everything good about the US, when this current generation of horrible old white men finally dies out?
Andres T. (Boston)
Interesting, the one thing that Donald Trump said at his Republican convention:

"As your president, I will do everything in my power to protect our LGBTQ citizens from the violence and oppression of a hateful foreign ideology. Believe me."

that I was like hmmm... he's not totally heartless, is now the thing he is doing a full 180 on. Nope, I don't believe you! Your pretty words only serve to hide your daggers and poison.
Cindy-L (Woodside, CA)
Sessions just kept his job!
Rose I. (Florida)
In such a short time, this administration has demeaned the integrity of the United States both abroad and here at home. To insinuate itself into this case proves that this administration and its leader are determine to destroy the fabric of our nation. A disgrace!!!!
Wanderer (Hinterland, CA)
While the concern for this frightening administration's overreach is certainly warranted and in need of attention, there's a problem with some of the argumentation here. Courts are NOT the domain of private disputes...
laguna greg (<br/>)
Where the heck did you get that idea?

This is America. We litigate EVERYTHING!!
Herman (Tallahassee, FL)
If leaders in Congress support LGBT rights as much as they claim, now is the perfect time to pass bipartisan legislation amending the Civil Rights Act.
CarlosG (Los Angeles)
Protection from discrimination is not a special right. This is about establishing a level playing field where the quality of your work is the issue at hand. Whatever might be at play in this particular issue, the broader principle of equal protection under the law is basic to our constitution and our democracy. Period.
jwp-nyc (New York)
It is beneath contempt that the Trump Administration has cynically gone after the LGBT community as a cynical distraction in its traitorous crimes against the United States. Paranoid? Are you kidding?
First Trump went after transgendered enlistees in our armed forces. He did this as his Son-in-Law, Jared Kushner filed a self-serving but still highly incriminating brief before the Senate Intel Committee. Then Trump had his little speech to the Boy Scouts of America where he used naughty words and attacked his AG in a launch of his strategy to fire Mueller by bypassing all buffers via an interim AG. Then came the move against the right to survive and live a decent life free from the shadow of death by lack of insurance for 32,000,000. Now, DOJ moves against gay rights protection against discrimination. Translation: "you gays better be nice to Donald or he won't be nice to you, and back him in dismissing Sessions." At the same time, this move is seen as placating the bible-conservative-Southern homophobic hardcore Trump/Sessions vote, so even if Trump does dismiss Sessions, they will be needing Trump to exercise their agenda of denying rights to gays, women, and minorities.
Missing in all this is the biggest story hiding in plain sight: Dimitri Simes, Putin's tool and director of the front organization "The National Interest" who Kushner credits and thanks on page 3 of his statement for "putting everything together." Do your homework press - 10 years + a Putin agent.
Chicago Guy (Chicago, Il)
The message from Trump and Sessions is clear - "Gays and transgender people are not entitled to the same rights as everyone else. Only straight males are entitled to full rights in this country."

They're the ones wearing the masks and hats in this video, Take Me To Church by Hozier:

https://www.youtube.com/watch?v=PVjiKRfKpPI

Show it to your friends who don't understand what kind of people Trump and Sessions really are. And what they really stand for.
Hugh Massengill (Eugene Oregon)
And if Trump gets to name one more Supreme Court Justice, the law may no longer see a right of privacy in the Constitution, and so there goes Roe v. Wade.
It is odd that the Trumpians want to return us to the 1950's, but they don't want to return us the tax system at place then, with very high taxes for the rich.
Hugh Massengill, Eugene Oregon
mjb (Tucson)
Playing hardball. People should watch this, it is a pretty good example.

And this means...Russian investigation, press on, full speed ahead. People who respect others in the world, do NOT take your eyes off the ball here. The fastest way to stop this is to PRESS ON with the Russian investigation.

LGBT folks: your cause has been won among the public. We will have your back eventually, but we must stay undivided right now in the focus on Russia. It is the fastest way to protect your rights.

Please start planning for a Pence or Ryan presidency. Or, if we are lucky, the debacle will last till the next election, and the good folks of Ryan's Wisconsin district (Janesville) will elect someone else. The Dems have a good candidate there.
NYReader (NYS)
Who is the Democratic candidate?
gc (chicago)
Stop this man
Patricia B (Missouri)
Why is anyone surprised? Trump's a lying, hateful bigot, and his failing presidency needs to throw some red meat to his equally hateful base to keep them in line.
Sarah O'Leary (Dallas, Texas)
Forget about "Persist". REVOLT!
Lincat (San Diego, CA)
So much for the liberal calming influence of sweatshop Ivanka and slumlord Jared. What a joke!
CH (Atlanta, Ga)
This is exactly why the "Evangelicals" voted for Trump at over 80%. They wanted Gorsuch and they wanted this, next will be the overturning of Roe v. Wade. No one who paid attention during the campaign should be surprised.
Hooey (Woods Hole, MA)
It is one of the many reasons I voted for him, and Im not an evangelical.
KenF (Staten Island)
Maybe we should ban draft dodgers, tax evaders and serial liars from occupying the White House.
Mary Anne Gruen (New York)
Sessions and Trump are breaking both the Laws of the United States and the Laws of God. Jesus said, Whatsoever you do to the least of my brothers that you do unto me.

So ... today Sessions and Trump are declaring that Jesus is not covered by Civil Rights Laws. And soon after stealing the election with the help of a criminal foreign dictator, they announced that they would be building a Gestopo-like force to arrest Jesus and throw Him out of the country.

They've called Jesus an animal on many occasions. And then they've worked to steal healthcare from Jesus in an effort to feed their greed. They've also sought to build a physical Wall to keep Jesus out, just as they've built a Wall around their souls to keep Him out.

They serve the same Dark Master as ISIS. Seeking to hurt people, and leaving them to die in pain and fear. I'm sure their Cruelty toward Jesus will earn them the punishment they deserve in this world or the next. Jesus was pretty clear about what would happen to hypocrites who persecuted Him, left Him hungry, or in prison. What they are doing to their immortal souls is much worse than what they are doing to everyone else. They will be called to account for their many grave sins.

In the meantime, we must rebuke Trump, Sessions, and their minions. And turn them out of the government to take up residence in jail for breaking the Laws of the United States, as well as turning the Department of Justice into the Department of Anti-Justice.
Daniel Kinske (West Hollywood)
Janus-faced Trump. Trump loves trans--especially trans fats, Trump will soon balloon to a 400 pound baboon (guess you can teach a monkey to hack.)
Stuart (New York, NY)
Did you forget? This is what Republicans are like. And Sessions is a full-time hater. Can't wait until he gets replaced. Even Giuliani isn't this much of a bigot.
Karen (Seattle)
What's next? Revoking women's right to vote? I'm sure his evangelical base would love that, too. RESIST!!!!!
Erin Taylor (Austin, TX)
This is exactly why Sessions is staying until Trump actually gets up the guts to fire him. He actually has an agenda and ideology, unlike Trump. He gleefully will take away LGBTQA+ rights and try to send as many black people to jail as possible.
The ONLY reason to want him to stay is to prevent a recess appointment by Trump that will lead to the firing of Mueller.
Inkblot (Western Mass.)
I see Bannon's fingers in the middle of this. Russia connections getting too many headlines: throw some new shiny objects out no transgendered troops and denial of Constitutional rights based on sexual orientation.

Trump is "the best friend the LGBTQ community has"? With friends like that, who needs enemies?
Ken L (Atlanta)
In addition to being morally backward, it seems that the Justice Department is on poor technical ground when it states that the Equal Employment Opportunity Commission "isn't speaking for the United States." Well why not? Isn't that this agency's mission? Who gave Sessions the power to overrule the agency of record regarding employment discrimination? The EEOC should file a brief discrediting the Justice Department's standing to intervene.
asd (CA)
Is this "winning"? Will this "make America great again"?
Oh, for you Trump voters, these are what's know as rhetorical questions. Look it up.
Christine (Pamplona, Spain)
What doesn't the Justice Department understand about the word "sex"? They are using the laws to try to enforce a racist, bigoted agenda. For this administration, the only people who are legitimate in their eyes are White Christian Men. We need to speak out and denounce this wretched discrimination coming from the government we taxpayers fund! If a small minority of individuals mistakenly believe that Jesus didn't approve of LBBTQ people, they still don't have the right to hate them and harm them.
Cavilov (New Jersey)
You realize that as you push more and more minority groups out of your "big tent", eventually they won't respect your "tent" any longer. They'll build their own, most likely hostile to yours. This is the foundation that gave us everything from gay ghettos in NYC and San Francisco, one of the more creative outcomes to being outside the tent, to ISIS, one of the more destructive ones. Keep it up...
Tom (Maine)
Many of us saw his "true colors" a long time ago.
Jon Harrison (Poultney, VT)
So Trump is throwing gays to the evangelical lions in order to shore up his support on the right. Sessions of course is a member of the evangelical right. Pretty despicable.
aghast a (New York)
1/2 of a year into his first term and nothing but chaos and idiocies.
For this he is actually paid? Now he has a mean and nasty puppet who sings the song about how much he loves trump while he also adds to the bully like chaos in this administration.
Sad, very sad!
Nelson (California)
How twisted and warped the morality and ethics are in the current W.H. Discrimination is disrespect no matter what the subject, tall or short, skinny or overweight, white or otherwise, and gay or straight. The law protects discriminated people no matter what. But in the alternative reality of the sick-minded extremists, followers of Mein Kampf, they have lost the legal and moral battle, even if the followers of Adolph and Benito are still infecting SCOTUS.
MelGlass (Chicago)
Is failing New York Times Liberals blocking opinions of Trump supporters. Of course they are. They invested too much time and effort to take him down. Losers do not like to be shown up. Trump just keeps winning and you all keep melting down. Pathetic. Deep State will be dismantled. Being exposed now for all to see. People finally getting it
latweek (no, thanks!)
2017 NEWS FLASH: Donald J Trump is a lying crook! Who could've guessed?
2007: BIRTHER
1997: MONEY LAUNDERING
1987: BANKRUPTCY
1977: RACISM
1967: DRAFT DODGING
Jonathan Katz (St. Louis)
It doesn't.

Read the words: "race, color, creed, national origin or sex". If you think that's inadequate, tell your congressman to amend it.
Harvey Liszt (Charlottesville, VA)
So the Constitution allows this sort of discrimination and only the Civil Rights Act prevents it? Nice country the founders gave us, they must have had Jeff Sessions in mind. Jeff as in Jefferson Davis?
Surfrank (Los Angeles)
Prosecutor: "Why did you kill this person?"

Defendant: "God told me to."

Gee, who does that sound like?
Simon M (Dallas)
Trump's campaign slogan should've been MAHA: Make America Hate Again
Mikeyz (Boston)
What horrible, horrible people. Forget great, it's time to make America GOOD again!
bb (berkeley)
Wake up bigots and realize this is 2017 these issues have been mostly resolved over many years now you are bringing them up again. Shame on you. Do you know how many military people live double lives, heterosexual and married but actively closeted gay. Sessions himself is a bigot as is Trump. The Justice Dept. has no business being involved in these issues. Next we will be discriminating on religion (oh we are already discriminating against Muslims), and race. Jews, blacks and hispanics will not be safe. This is a similar situation that was happening as hitler rose to power in Germany in the 1930's .
William Case (United States)
Title VII doesn't mention sexual orientation. Congress should add it.
Rw (Canada)
“The sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination,” the department’s brief said. “It does not, as has been settled for decades. Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts.”

Can this not be done right now? I can't imagine too many Republicans opposing it. Is an omnibus bill possible that simply states that any federal statute that refers to "sex" includes "sexual orientation"? Or is that too simple a solution to this ongoing civil war, one small party to which will never surrender.
Tom (florida)
Here go, again
Peter Limon (Irasburg, VT)
So, this decision by the Sessions' Justice Dept. brings up an interesting point: Is a person who is transexual also a homosexual? If a born male makes a change to female, is he considered a gay man, or is he a female? If he's a gay male who is masquerading as a female, even though most case law considers her a female, (and, by the way, so did the armed forces until today), then discriminating against her is lawful. If, on the other hand, she is considered female, discrimination is not allowed.
Why anyone cares about the sexual orientation of a person, or who the person loves, and who the person sleeps with, is beyond me. Why would anyone care?
physio (Dresher, PA)
I am sitting here right now, on the same day this deplorable statement came from the JD, watching live as our failure-in-chief salutes the (reportedly) lesbian capitol police officer and her colleague for putting themselves between a madman with a gun and the republican congress members they were assigned to protect. I hope it does not take away from the pride she should rightfully feel on this day for the job she did, but the level of hypocrisy on display here is simply breathtaking.

I just can't get my head around the level of depravity and shamelessness that exists in the republican party right now. Mephistopheles must be preparing a very warm reception for a select bunch of them.
Texas Liberal (Austin, TX)
Be very careful in picking your battles. The employer here claimed that Zarda was fired, not for being gay, but rather for making a sexually oriented comment to a client. Now, that was not, to my mind, an appropriate disclosure by Zarda. Indeed, that Zarda and the husband had almost certainly discussed what might be viewed as uncomfortable physical contact that the tandem jump requires and was okay with it. in that case, with the matter settled, the husband was provided TMI and initiated a complaint.

Zarda, I opine, was fired for providing info that was unnecessary, that could even be taken to suggest a physical intimacy that was to ensue might be other than innocent contact was the woman sought, that it was suggesting that the woman might be excited by the jumpers' contact -- and that was what the caused the client's husband to be at best annoyed and at worst resentful of the implication that physical contact was she really craved.

Unless the employer expressly stated that Zarda was fired for being gay, I find this interpretation of the employer's rational for firing him -- poor judgement by Zarda -- to be far more likely.
Andy (Paris)
DOJ says you CAN fire for being gay, period, end of story, no qualification. THAT is the story, and the issue here.
As to the facts at hand, Maybe, Maybe not. The court will sort it out.
All one may understand here is this comment supports the DOJ position.
NYReader (NYS)
You make a valid point about the details of the case. What stands out to me though is the DOJ choosing to "cherry pick" this particular case to defend their position about the law. It seems really odd that Jeff Sessions is conveniently using the situation of one man (with questionably bad judgment) in a country of 330 million people to justify upholding a law that allows many people to be discriminated against.
Iver Thompson (Pasadena, Ca)
Considering all the jump suits, gear, helmets, gloves and goggles I see skydivers usually wearing, I'm trying to imagine what's intimate left to contact, especially with all the extra harnesses required to strap them together. I'm laughing so hard at the thought of this that I won't even feel it when N Korea hits us with a missile.
HB (<br/>)
Does this really surprise anyone? Look at who the AG is or look under hos robe.

I think the same was said for people of color, for mixed race marriages, working women who became pregnant, flight attendants that got married. The list goes on and on.

Wake up people, we are in grave danger with the administration.
Hans Christian Brando (Los Angeles)
A few months ago on "Real Time with Bill Maher," Ann Coulter shouted down the conflation of the gays' struggle for civil rights with that of African-Americans with "Gay people weren't on slave ships!" (Debatable: it stands to reason that at least a few of those people on the slave ships were gay. People like to pretend that homosexuality was invented in 1967 or so, which of course is silly.) Even gay activist Dan Savage, also on the panel that show, backed off, failing a comeback such as "Black people weren't put in concentration camps!" Or citing the etymology behind the derogatory term "fag" or 'faggot" as applied to homosexuals, referring to the practice of burning them alive like logs. Or--more pertinent to the topic at hand--the fact that in more than half of these United States it is perfectly legal to fire an employee for being gay.

Anti-gay sentiments and actions are the last safe spot for the bigot supposedly held in check in an era when more and more people, words, and policies are deemed "racist." Whatever technical differences exist between race and sexuality are totally irrelevant; discrimination is discrimination, and no one social group has a monopoly on persecution.
Melda Page (Augusta Maine)
Don't most states now have laws against discrimination against gays that can be used in the interim until a national law can be enacted?
@PISonny (Manhattan, NYC)
Title VII of Civil Rights Act prohibits discrimination on the basis of SEX.

Sexual orientation that is arbitrarily determined by the person is not sex.

Biologically determined sex is what matters, not whether a man wants to love and have sex with a man or a woman a woman.

Get real, people.

#NOTHINGBURGER #FAKENEWS
Olivia (Mata)
Let me say, that as a woman, the statement "It's ok, I'm gay" does substitute for male genitalia up against your body.
John (Rural NJ)
I didn't follow that . . .
Chris (New York)
If she was uncomfortable with a male instructor then she should have asked for a female one. Him being gay did not impact his ability to do his job correctly.
John LeBaron (MA)
:-) I think.
Barry Williams (NY)
In 1964, sexual orientation was a known element of life, and it should have been easy to imagine that courts might or might not include orientation within a broad understanding of the word "sex". That leaves what is meant by that word open to interpretation, since the lawmakers did not explicitly say "sex" refers only to male or female. Indeed, that limited interpretation would leave hermaphrodites without protection from discrimination, and that makes no sense. Nor can you argue that sexual orientation is a choice, and therefore shouldn't be allowed to stand as a protected characteristic, because religion is also a choice.

Laws, at least in the United States, are always open to reinterpretation based on more advanced knowledge of science and societies than what was extant at the time the original law was adopted. Doing so is not "expanding the law beyond what Congress intended", it is making sure that the spirit of the law prevails over ignorance or commonly held (but erroneous) assumptions that may have prevented the lawmakers from adding the proper amount of nuance to the language in the law. That spirit is defined by the founding fathers in the Bill of Rights and the Constitution.

To wit, part of "the pursuit of happiness" is being able to hold a job without being negatively judged about things that do not affect your ability to perform the job, and job requirements can't be written to exclude those with characteristics that shouldn't affect doing the job.
sixmile (New York, N.Y.)
Not only does the country move backwards with antediluvian measures, but those with the power to propose such shameful backslides do so with great pride.
Andrea Landry (Lynn, MA)
And this ruling from our Department of Justice there to serve ALL Americans?! Trump won't be happy until he destroys our Constitution, our Declaration of Independence, and all the freedoms this country stood for up until 6 short months ago. I cannot say it often enough, Trump is the enemy within.

Trump and his administration do not represent all the American people and he is violating his oath of office. He is a hater, a bigot, a racist, a sexist and should not be the American president. He is also a mad man.

NYT Charles Blow Op Ed column included a quote from Martin Niemoller, a cautionary tale, which resounds today. Trump and his gang are coming after each and every one of us who does not fit his mold. Don't let him. When we protect the one, we protect the all.
John LeBaron (MA)
And our fake president has a staunch ally, a man as evil as he is. This man lives in Moscow, but spreads death and destruction everywhere.
TimG (New York)
I am a 60 year old gay man and while this legal argument by the administration is disgusting, it has no chance of succeeding. What this really is is another example of the dead cat strategy. When you're losing an entirely unrelated argument (i.e. the Russia collusion stuff), fling a dead cat on the table and see if that doesn't distract your opponent.

Let's not get sucked into spending time and assets defending against this useless baloney about workplace rights being withdrawn. In an era when gay marriage is now legal in all 50 states, courts are not going to start allowing employers to fire their gay employees simply for being gay. Keep your eyes on the real (Russian) ball, and let's nail this egregious crook for doing what he has done to our country.
Mir (Vancouver)
Sessions must realize that no matter how much he sucks up to Trump he will not love him again. So Sessions will be better off to start doing the right and fair things, that is if he is capable of doing them.
Jacqueline (Colorado)
ERA NOW! And not just women. ERA for gays, lesbians, bisexual people, queers, transgender people, and women.

We have reached the point where the courts are done. its time to make real change in Congress, and we got to be prepared to vote down Democrats and Republicans in congress who do not want comprehensive ERA.

The time is now. Trump and Session are coming for us all. It started with Transgender people, but it ends with the destruction of all the rights we have gained in the last 30 years. We need laws that people like Trump and Sessions cannot ever break.

Comprehensive ERA now!
BD (New Orleans)
I think Congress would expand the Civil Rights Act to include sexual orientation in a heartbeat, though the idiot president may not agree because he has to appeal to his baseless base.
James S Kennedy (PNW)
There are times when religion sucks. If there is a god, then each and every one us is qualified to speak for her. After all, religious people claim that God created everything, and found it to be good.

I outgrew my fairy tales when I concluded that there was no Santa Claus. I still and always will admire Jesus' immortal message of universal compassion and tolerance.
wonderingwhy (<br/>)
It's uncomfortable for many of us to support gender equality. But we must because our nation depends on us taking up the cause of those forced to the margins. This country's great because it's inclusive and we trust people to be themselves. There may be costs that come with inclusion but it pales in comparason to the quiet costs of disregarding (which is disrespecting) those who are different.

We're a great nation because we're inclusive. And the bigger and more diverse we are, the stronger we become. Things that exclude such as this, Muslim bans, and aggressive immigration enforcement hurt this country because it alienates and causes hatred for our country, and doesn't make us better or safer. But treating groups like LGBT, Muslims, and immigrants with compassion and fairness makes them loyal Americans who want to give back. Take care of them and they will love this country and sacrifice for it.
Jake (NY)
Give this maniac and his disgusting henchmen enough time and soon it will be...Latinos, Blacks, Asians, Muslims, Jews, and anyone not white, blond, and blue eye. Bunch of racist and bigots trying to change the real world.
Elizabeth (Florida)
Can Sessions and his Justice Department answer me one question?

Are gay people not human? And if in their minds that they are human then doesn't the phrase in our Constitution guarantee them the right to pursue life, liberty and happiness? Is it OK to deny someone the right to gainful employment to meet their basic needs of food, shelter and clothing?

I thought we had already gone down the rabbit hole. Apparently there are levels to that hole - which seems to turning into a worm hole.
Alex Vine (Tallahassee, Florida)
The message from the Justice department is simple. LGBT people are not human and therefore cannot be citizens and therefore cannot serve in the armed services. Like Sessions believes, these people are less than human and need to be segregated from the rest of us And besides, God hates them. See the Bible.
Personally I feel special, because I and most of my associates have the distinction of being members of a country that is run and controlled by a bunch of morons. I was going to say a bunch of ignorant uncaring cruel and sadistic bigoted racist pigs but that would have been too harsh.
bruce quinn (los angeles)
They might be weighing in, in part, because the gay person might win. If the gay person wins, and they did not file, they would seem passive (to conservatives). If they file and lose, well, the judge was too stupid.

It seems possible that "sex" in context means sex as a living behavior, not just a sex organ. Nobody gets discriminated against simply because of cell and tissue structure of sex organ. It is the living embodiment of "sex" that is relevant and what the law is about. Otherwise discrimination about sex would mean almost nothing. "No, he didn't fire you purely and solely because of your sex organ" or "solely because you have two X chromosomes." It has to be a broader sense of "sex" and discrimination against "sex" that is protected, for the firing to be actionable. And for the law to ever be actionable and make any sense.
Frank (Boston)
I read all the outraged comments and I read the statute as quoted in the article and I have these questions:

How does "sex" mean "sexual orientation"?

For example, when one is faced with one of the many forms that are handed out in modern life and the question appears: "Sex: ___M ___F" is one supposed to write in "Straight" or "Gay" or "Bi" instead of checking one of the M and F choices provided?
gc (chicago)
They will do everything they can to DISTRACT from the real issue.... the twit is really diving deep into the swamp to protect himself from what is coming... despicable man not worth the oxygen he uses
Scott Wilson (Earth)
Anyone can be fired for being stupid, inconsiderate and inappropriate.

That is why the guy was fired.

He was NOT fired because he's gay.
Chris (New York)
It sounds more like it was because he was gay...

"In 2010, Mr. Zarda was fired by his employer, a Long Island-based company called Altitude Express. Before taking a female client on a tandem dive, Mr. Zarda told the woman he was gay to assuage any awkwardness that might arise from the fact that he would be tightly strapped to her during the jump. The woman’s husband complained to the company, which subsequently fired Mr. Zarda."
RickAllen (Columbus,OH)
The GOP is a one-string pony, and they keep plucking it. Wind up the base, talk to the base, fire up the base. Pluck the base! Keep your 30% to yourself, GOP.

The GOP is racing for the bottom as fast as they can, and I hope they find it very soon. I didn't know the bar could be lowered every day, but they are masters of regression. And apparently very limber for a bunch of old guys.
sunny (atlanta)
Gattaca (movie). Trump, gop and alpha males making their world for them. Perfection and CLASS warfare in America will not stand. E pluribus unum. Women, muslims, color, children, infirmed, gay etc - all receiving HATE from those who 'have'. This is a very painful throwback time - neandethals at the helm. Fake 'christians' and alt- are WRONG. There is no Patriotism in this vile hatred spewing from pee-brains.
sixmile (New York, N.Y.)
So now the lickspittle Jeff Sessions will turn back flips and somersaults -- although in keeping with his own true colors in this case -- to please his witness- tampering and intimidating boss. Disgrace is being spread through the agencies of government like one of those proliferating wildfires that no doubt have nothing to do with the "hoax" (this administration's word) called climate change.
MauiYankee (Maui)
Frankly
How many in the LGBTQ community votedfor Dear Leader Rushmore and Right Reverend Dimmesdale Pence?
How many homophobes voted for the Great Showman and theKing of Gilead?
Why the shock?
Lilo (Michigan)
Even today most states do not have laws that expressely forbid discrimination against gays or transgenders.

http://www.npr.org/sections/itsallpolitics/2015/04/28/402774189/activist...

And Title VII doesn't either. If people want it to do so they should get Congress to change the law, not rely on judges to rework the clear meaning of a law. That way can be pretty painful for everyone. There is a reason we have separation of powers.

The law in question clearly states that "A, B, C, D, and E are protected classes". If someone wants F to be added to the list don't try to lie and say that E =F. Put pressure on your elected officials. Do the work.
susan (NYc)
I'm really get tired of this administration. Every day it's something new trying to move the US backwards. Message to all of them -it's 2017...wish you were here.
gailhbrown (Atlanta)
Just when I was feeling a half-thimble full of sympathy for Sessions, he offers this reminder of a real reason he is ill suited to head the Justice Department.
RD (Baltimore. MD)
what a(nother) colossal waste of precious time.
Studioroom (Washington DC Area)
Imagine having to prove that you are not gay just to keep your job. This pretty much means that any woman who isn’t sporting long hair and makeup is under scrutiny from a penny pinching control freak of a boss. Welcome to the dark ages have a nice day.
CJ13 (California)
The Trump administration will pass.

Then we Americans will need to work together to pickup and reassemble the broken pieces. The efforts could take many years to restore our country from the ravages and predations of the con man and his sychophants.
Hiro (Seattle, WA)
And the hate just keeps oooooooon coming.
Bruce Hodge (Palo Alto, CA)
Great, now we have the department of Unjustice, not to mention the Environmental Destruction Agency, the WreckTheInterior department, the UnState Department, and so on. What a train wreck!
WeHadAllBetterPayAttentionNow (Southwest)
Sessions fighting to keep his job in the way he best knows how to. Feed some bloody offal to the base.
gillian-b40 (NY)
That Mr. Zarda revealed his gayness to his prospective client was a considerate and courteous thing to do. What is most distressing is that "the husband" complained -- seems he would rather have a groper like our prezident diving in tandem with his wife than someone who knows his job and happens to be gay. It was not a barrier when he was hired and had not been a problem until this homophobe intruded. It wasn't his tandem dive -- it was his wife's, and, she apparently had no say in the matter. Instead, all the men argued about what they wanted to have happen. What an ugly scene!
Jim Beam (Georgia)
Amazing idiocy and inhumanity from Sessions. Also bizarre comment by that skydiving instructor and I hope he loses. I'd hate that announcement of sexuality! This case is unimportant. You'd be an idiot to announce your sexusl orientation in a business matter and this instance is creepy. Really, did good instructor ever work before? Sessions would only be replaced with an equally despicable person as is the Trunp standard. All of this is a smoke screen. Let's keep the focus on the obstruction of justice, emoluments clause violations of the US Constitution and overt conflict of interest in this administration.
All illegal and corrupt actions are Trunps and aided and abetted by the entire GOP.
rollie (west village, nyc)
Qoutith Trump: "I love the LBGTQRSTs and all those other alphabetehetic numbers"
Kelly (Oklahoma)
This makes my blood boil. I used to be ambivalent about LGBT rights until my own sister came out. It. Is. Not. A. Choice. And guess what? My sister has more talent in her little finger as an architect than our president has shown in his entire career, evident in the fact that Trump has to scapegoat a minority in order to distract others from his helpless little plan for healthcare reform. What a small, small man.
Ellen G (NYC)
Trump really doesn't care one way or another about the gay/trans community. At one point during his campaign he said people should use the bathroom they want, remember? This is just Trump trying to change the subject from Russia, which he seems to be doing. And there's a bonus - Sessions gets a chance to prove his "loyalty" by the DOJ backing up these spur-of-the-moment tweets, which took the entire military by surprise. Great policy making!
Walkman666 (Nyc)
Wait, so Trump is scared and under the microscope, so he attacks Sessions. Sessions is scared and under the scope, so he attacks gays...? Eeeesh.
Southern Boy (The Volunteer State)
I think Mr. Zarda should have kept his mouth shut.
Sherry Brighton (New York)
What frightens me most about the last two days, now that the the Trump administration has begun attacking LGBT rights, is the slippery slope effect. They have maligned the media and have begun attacking target groups. When will it end? Who will be next?
Joe (California)
A potential silver lining is that the Supreme Court may have to resolve this issue of employment discrimination itself, such as when it resolved the issue of gay marriage. And while scholars may be expected to fret over the outcome as they delve into the legal weeds, the logic of longstanding precedent fairly well dictates that such discrimination is unconstitutional. Any Court that decides otherwise would probably face such an unprecedented level of public wrath (about which, yes, the Court does care) that it will progressively back off in subsequent decisions, because while the Trumpies may attempt to go back to whatever country they choose, the majority of us will not be willing to come with them, nor will we back down. This country moves forward, not back. Americans stand with progress. We value equality under the law. We uphold civil rights. These are not negotiable.
jules (California)
You think the Court cares a whit about public wrath? Is it kind of like the GOP cares a whit about people losing their health insurance?
Steve Bolger (New York City)
Gorsuch is a vengeful son who wants to punish the US for trashing his mother's tenure at the EPA. He's a complete wild card.
James (Brooklyn, NY)
I'm not clear about the language of the act Are straight people specifically protected?
Eduardo B (Los Angeles)
Perhaps a reminder that the letter and spirit of the law should both be kept in mind. Discrimination is...well...exactly that. Discrimination on the basis of sexual and/or gender orientation is no more acceptable than any other form. But it does confirm just how backward, how unattached Trump and his miserable excuse for an administration are to twenty-first century reality. What's the word for it...or right...sad.

Eclectic Pragmatism — http://eclectic-pragmatist.tumblr.com/
Eclectic Pragmatist — https://medium.com/eclectic-pragmatism
Phyliss Dalmatian (Wichita, Kansas)
The Pander Bears. Must keep the base happy, that's ALL they've got.
Want change?? NEVER vote GOP. For anything.
Penelope (Midwest)
So, while Trump is trolling Sessions, and Priebus/Bannon are supposedly pleading with Trump to stop bullying, it turns out Sessions is coolly orchestrating a DOJ intervention against gay rights -- one strangely timed to coincide with the transgender debacle?!

What's the takeaway here: that Sessions was bullied into this, or that the publicity around these players and issues is a deliberately choreographed bread-and-circus spectacle for the base?

I feel punk'd.
Mark Scirocco (Saratoga Springs, NY)
Disgraceful.
donna (new york)
And our country's backwards march continues...
Stanley Mazaroff (Baltimore)
Although employment discrimination on the basis of sexual orientation is not expressly prohibited by Title VII of the Federal 1964 Civil Rights Act, it is expressly prohibited by the equal opportunity laws of Maryland (The Maryland Human Relations Act) and by the laws of many other cities and states. As a result, President Trump's apparent decision to exclude transgender persons from all employment in the military violates the letter and the spirit of important equal employment laws enacted across the country. And his ignorance is no defense.

Stanley Mazaroff
Author of Maryland Employment Law
Michael Bechler (Palo Alto CA)
The military is not obliged to follow state employment laws, so Maryland's law should provide no direct protection for transgender people in the military. However, state and local laws should provide protection for people who are not in the military.
KP (Portland. OR)
All these people in administration now are pure evil under the guidance of Lord Bannon.
Steve Bolger (New York City)
They all look like ageless juvenile delinquents to me.
Slann (CA)
This new wave of discrimination is taking similar shape to that of Hitler's Germany. Fist the Muslim ban, then transgenders in the military, and today gays in America. Is Sessions just trying to appease the traitor in the WH in attempt to save his job?
Well let's imagine which group will be next. Jews? Not the traitor's son-in-law, no. Catholics? Nah. Too many in Congress for that to work. Wait, we didn't forget about those Mexicans, did we? Well it's true, we just applied to hire 70 alien workers at Mar-a-Loco, but maybe we can get back to that "wall" thing. A real quandary!
John (Southern California)
Could it be that the company didn't fire him because he was gay, but that he was fired for injecting sexuality into a sky diving lesson? Zarda is the one claiming discrimination based on Title VII, only to discover it doesn't apply to sexual choice.
Peter Metsopoulos (Baltimore)
Could we straight people be fired for saying, "I'm straight"? Show me an example. If not, then it's discrimination.
Debussy (Chicago)
Apparently, you didn't read the same article the rest of us did. The instructor was trying to comfort the uptight woman with his comment that he wasn't a threat to her ... and her husband blew a gasket.
freddnyc1 (NYC)
Sexual choice?
Really John, still spewing tbat one.
Hening (Bangor, Maine)
Remember when it was all about equality? It's never been about equality under the law, it's about being very "Special". That's why you destroy Christians not baking cakes and not Muslims. That's how you gin up all the victims, who spend most of their lives hating those unlike themselves. How dare all Americans are equally responsible under the law, how homophobic!!!!
Peter Metsopoulos (Baltimore)
Are there Muslims with business that won't serve some segment of society? If not, an absurd argument.
mike piland (newport news, virginia)
and the democrats, NYT, Washington Post, MSNBC, CNN are all endorsing the most bigoted, racist A G in our time all in the name of resisting Trump
vineyridge (<br/>)
The Supreme Court's decision could make the EEOC irrelevant; it would definitely be a huge change in basic constitutional law.
Bob Woods (Salem, OR)
Add LGBTQ to the official pogroms against Muslims, Hispanics, Blacks and Liberals.

Republicans must be so proud of their hatred.
Joseph Huben (Upstate NY)
Under attack by bully boy DJT, Sessions tries to get favor by attacking gays? Typical barnyard behavior. The GOP apparently loves Sessions everyone. So let's see who else they hate besides sick people, gays, women, Blacks, and Hispanics, and the elderly.
Splitting hairs to oppress minorities and deny women medical privacy and autonomy uncovers more and more of the foundationalLY vile GOP.
David. (Philadelphia)
The only hate group in American screaming about the wickedness of gay and trans Americans is Evangelical Christians. They are also America's stupidest voters, who spurned a supremely-qualified Methodist Sunday School teacher for this addled adulterer, swindler and traitor. They may be all that Trump has left.
CJ (PNW)
With all that is going on, this can't be a priority. I see an attempt to utilize every available color of the rainbow to hide the glaring red hue dominating the current headlines.
theakaras (brooklyn, ny)
President Trump and his Administration of HATE.
Hate of gays, hate of transgender persons, hate of muslims, immigrants, people of color, women, sexual assault victims, hate of the media and anyone of opposing views. This is not the America I believe in. We are not made better as people, or as a country based on hate.
andy123 (NYC)
Tomorrow's headline:
POTUS Considers Establishment of New Blue-Ribbon Panel on Sexual Harassment

"White House Press Secretary Sarah Huckabee Sanders confirmed today that the panel's first assignment will be to find a credible argument for protection of sexual harassers under US civil rights law. According to Ms. Sanders, the panel's special focus will be on safeguarding the rights of those whose proclivities include 'outreach' to female employees via occasional grabs at sundry parts of women's anatomy. One anonymous source revealed that these individuals are affectionately known as "Go-Getters" in White House inner circles, where the prevailing belief is that the Go-Getters should be able to take full advantage of the DOJ's recently-announced asset forfeiture policy."
Debussy (Chicago)
Can I borrow that?? ;-)
RG (Massachusetts)
Archie Bunker said it so well:

"...And you knew who you were then
Girls were girl and men were men
Mister, we could use a man like Herbert Hoover again
Didn't need no Welfare state
Everybody pulled his weight
Gee our old Lasalle Ran great
Those were the days!..."
Peter Metsopoulos (Baltimore)
Goodness, I hope you're embracing Archie with high-sarcasm.
JOHN (PERTH AMBOY, NJ)
The law as passed by Congress is clear: no discrimination based on sex. Barack Obama, who is not Congress, amended the law to change "sex" into "sexual orientation." If you want to be honest, have a Congressional vote; if you want to engage in presidential legerdemain (i.e., abuse of power), then unilaterally rewrite laws. DOJ has restored the law to what Congress intended. That deserves praise.
johnw (pa)
gosh darn.......now if they could just get slavery back they'd be great again.
george plant (arizona)
bigotry against LGBT = hate crime
Andrew H (New York)
Laying this at the feet of Trump and Sessions is too easy. If you voted for Trump this is what you were voting for. You are either not prepared to support a government that attacks the civil rights of our citizens or you are. Stop reacting to TV and the internet and go and find a trans kid or a gay kid and tell them you just don't really care what happens to them. Hiding behind Trump who clearly never cared one bit for any vulnerable group in society is a cheap moral cover. While you contemplate that, keep in mind how little Trump cares for you too. He just sold out Jeff Sessions in a heartbeat this week. Do you think he cares about the "little people" that turn up to his rallies? He loathes you. As soon as the applause ends, he is disgusted by you and your poor little "unsuccessful" life.
GBR (Boston, MA)
Interesting case. I know only what I've read in this article, but it seems to me that Mr. Zarda was fired not because he is gay, but because he announced his sexual orientation to a client .... which is just offputting, irrelevent, and creepy. It would have been equally as unprofessional if he announced "I'm straight" or "I'm bisexual", or whatever.
Mike Edwards (Providence, RI)
Does this mean that a good old boy working for, say, a hairdressers that caters to gay clients, can be discriminated against? Because he’s straight? Very unfair!
CDC (MA)
We are being governed by Neanderthals.
nzierler (new hartford ny)
Trump should look in the mirror when he assaults opponents with his epithets. Lyin' Ted, Crooked Hillary, etc. Trump is the very essence of a crooked liar with an enormous inferiority complex. Is his memory so defective that he doesn't remember bugling how he will be a champion of the gay and lesbian community? His serial lying has totally destroyed any credibility that he enjoyed. Like he said, he can shoot someone on 5th Ave and retain his supporters. The other 70 percent of us have had it with his nonsense.
JA (MI)
Sessions may be correct that Title VII may not extend to sexual orientation as written BUT the right and humane thing he could have done is say, "however, the Justice Dept supports Mr. Zarda and encourages congress to change the laws".
mgaudet (Louisiana)
Sessions is behind this, of course, and he is an aberration of mankind and needs to be fired. I'm behind Trump on this one.
Jered Wenderoth (Columbia, MD)
I wish the NYT comments would allow me to sort from least to most liked. I'd like to know how any Trump faithful are defending this latest display of the black heart of their religion. I guess there's always YouTube and Yahoo! comments. Standard most to least ordering will find what I'm looking for.
Skip (Ohio)
Homosexuality does not slow down traffic. It does not impede interstate commerce. It does not deny anyone freedom of speech. It does not threaten their right to be armed or to due process. It does not challenge the security of their home or possessions. I can’t believe that one-sixth of the way through the twenty-first century we’re having this argument.

Homosexuality is not my cup of tea, but then neither is golf, and I’d never tell you how to spend your Saturdays.
Dr. Dave (Princeton)
We don't have a legitimate Dept of Justice, Edu-ma-cation, or any other under this so-called administration, nor do we have a legitimate Supreme Court. Any real court would reject these idiotic attacks and get focus back on the treason, recent past and present. Once that is dealt with, we can see where we are. How about that, half of Congress will be missing, including Speaker of the House!
NYDoc (Bronx,NY)
Maybe he was fired for being sexually inappropriate and not for being gay.
SH (Manhattan)
May I now discriminate in employment against against heterosexuals, especially the flamboyant ones who insist on discussing their opposite sex partners?
Robert Henry Eller (Portland, Oregon)
Throw out the dirt.
Carol (New York)
Well, the toboggan is teetering at the top of the hill about to careen down the slope. Hang on, unless of course you are part of the 'base', who this was engineered to please. And just when I was starting to have a tiny bit of empathy for Mr. Sessions.
Ed Op (Toronto)
Think about this for a second:

The US Department of Justice feels compelled to let everyone know that in its view it is okay for someone to be fired or refused employment because of his or her sexual orientation.

The US Department of Justice thinks it is okay that a person who has done nothing wrong, to anyone, in fact has done nothing at all, may be refused the opportunity to earn a living solely because of who that person finds attractive.

Doesn't sound like "The Land of the Free"™ to me.
Aurace Rengifo (Miami Beach, Fl)
The impeccable timing of the Justice Department leads me to think that Attorney General Sessions is going the extra mile to keep his job.
Invictus (Los Angeles)
Could it be that there are some severely self loathing and closeted gays in the Justice Department?
Romy (NY, NY)
The "Justice Department" has no credibility thanks to Sessions and the administration of hate occupying our federal government. Every day is an assault on this country. Wake up Republicans!!! You serve the American people, and you are are giving them cover to destroy our country.
bill d (nj)
I think this has just put to rest the notion that the voters who put Trump in the Whitehouse was all about economics, they weren't racists/bigots/religious right types feeding on Trumps messages of anger and hate. Liberals who defend the working class voters who voted for Trump, the suburban GOP types who voted for Trump because they hated Hillary, all are responsible for this, because they ignored Trump on the campaign trail with his racist, bigoted, misogynistic rhetoric, and despite all this GOP voters give Trump high approval ratings, in the 70% range.

So basically what Trump is is an angry old white guy and his supporters are people who either love that hate, or deliberately ignore it, and the next time some liberal yutz tells me that I shouldn't judge trump voters, they will get blasted.

Gonna be interesting to see how Trump's friend Caitlin Jenner tries to spin this one....
george eliot (annapolis, md)
Time for all lawyers in the DOJ with any sense of morality to pack it in. No don't give me the sophistic answer that you're just representing the people of the United States, and just following the orders of America's premier southern bigot.
George Dietz (California)
Well, it's just what Trump's mob wants. And the self-proclaimed superior evangelicals, and the basest of the base who hates everybody, those oh-so-angry white gun-toting older guys in flyover and other motley ignored places..

Who didn't know this would happen when we had an all-GOP, pardon-the-expression, government? They can't get anything worthwhile done, so they pick on people they don't like about things that are nobody else's business, like gender, sexual identity, sexual activity, and women's sovereignty over their own bodies.

Until the mob and the rest of the shell-shocked GOP and independents who installed this thing in the white house and voted in the sub-mediocre, nay, sub-cretinous cadavers in Congress get with it, this is what we're going to be fighting for a long time.

Boy is this going back in time painful. Who knew the 15th century was so horrible?
FritzTOF (ny)
Trump is enjoying this. Don't forget. Resist.
woodylimes (Delray Beach)
Now retired, I spent 33 years working in public accounting and finance. The first 30 years were in the closet and the last three were out. It was a trial that endured getting fired without cause because of being thought of as gay (once a senior partner ridiculed my masculinity at a client event in the firm's box at Shea Stadium), to being passed over for promotion to partner at another firm and last being passed over for promotion because of a "christian" from the Hong Kong office. So the discrimination is real. This latest punch by Republicans will bring a lot of sorrow to many people born this way.
LarryGr (Mt. Lauel NJ)
The law as written does not include sexual preference and you can't prosecute someone who did not violate any law as written, the employer in this case.

It is easy to fix. Congress, through legislation, amends the law to include sexual preference. Walla! Done!

If you don't like what congress does or doesn't do then go out and win some elections.
KatieNYC (NYC)
Mr. Zarda seems to have moved to Norway to continue his career that was cut short in "liberal" New York. Who can blame him, when the bigots now run the whole country.
Ronnie (NY)
In order to get back into trump's good graces, session will become even more nastier then he is typically. Brace yourselves, the actions today are only his opening round of bringing the country into the Middle Ages!!
LetsBeCivil (Tacoma)
The difference between sex and sexual orientation is a foundation of gender theory. We should press Congress to amend the Civil Rights Act, not pretend that it already has.
ultimateliberal (New Orleans)
Sad, the incompetence of idiots in Congress. They can't write a bill that includes protections for all Americans? God help us!
Ms. M (Los Angeles)
Doesn't this seem a wee bit like "piling on?" Yesterday was LGBT and the DOJ filing on gays. When are Republicans (my former party) going to realize government has no business in the personal, sexual orientation of individuals. Get out of the way and find ways to SUPPORT people and embrace human rights instead of building roadblocks and walls creating a two tier citizenship. Trump could be using his position to exhort Congress to amend and add what is needed to Title VII instead of Tweeting about Fox & Friends or Hillary.
adam stoler (bronx ny)
Who don't these goons hate? I fear, no, not fear, but know, they hate themselves the most.

That is the worst type of hater.

They ain't going to heaven, that is for sure. None of 'em.
Shack (Oswego)
Sessions is doing this because he is a small minded punk like his boss. Please do not think his only prejudice is against gay people. He just thinks he can get away with it. He would do the same for African Americans and Jews if he thought it would slide. Sessions. Trump, Scaramucci, Preibus, Bannon. Not a real man among them.
wanderer (Alameda, CA)
I can't help but wonder if Mr. Sessions is a closeted gay person. He wouldn't be the first to push anti-gay legislation.
AMAS (Upstate NY)
"People get ready
There's a train a comin'"

Note to Amtrak--you're going to need extra trains to get protestors to Washington, D.C.--might as well make the extra money, because they're coming

Note to residents of D.C. - you're going to see the streets filled with a historically significant number of protestors that even Trump will not be able to lie about.

Americans who love their country are going to decide very soon to get rid of Trump--his administration is the very definition of evil. His departure is not going to be pretty, but it's going to be, before long--beautiful!
bill d (nj)
You really want to get scared? Imagine if Trump is able to appoint a new Supreme Court judge, let's say that Ginsburg has to leave the court, or one of the others who supported Same Sex marriage.......I would bet that the day that the New judge gets sworn in, that all these redneck states immediately file lawsuits to overturn same sex marriage, to allow them to ban it again. And remember that the next time someone tries to tell you the GOP isn't the party of extremist bigots and the Christian Taliban.
le fay (Portland, Oregon)
Here we go again. The Attorney General is grabbing defeat from the jaws of public sympathy. Is he pandering to the President? Is a fat hog heavy? Does water freeze in Antarctica? (I'd ask if the sky is blue, but I live in Portland, OR, and the answer is debatable.)
Greg (CA)
While this is itself is an incredibly important issue, consider this: 45 and his minion have again thrown a hand-grenade into our midst as a distraction to the death by a thousand cuts going on in the background.
David Berlyne (New York)
A timely reminder for anyone feeling sorry for Jeff Sessions. What a horrid human being. He deserves to be part of this administration
Bryan (CO)
And this administration keeps moving us backwards...
Und wenn schon (North Carolina)
Just another nod to Russia where being gay is a criminal offense.
Scott Wilson (Earth)
He wasn't fired because he was gay.

He was fired because he was completely inappropriate, unprofessional and absurd.

For some reason, gay guys seem to like to tell everyone they are gay. And most people are SICK TO DEATH of it.

We don't care what you do in your bedroom. But bringing up sexuality when you're about to be strapped to a man's wife is COMPLETELY INAPPROPRIATE. Anyone who doesn't understand that simple fact is not bright enough to weigh in on this discussion.
Old Catholic (Oakland, CA)
There must be some mistake. Someone call Ivanka, I'm sure she'll work it out with her Daddy.
Ellen (Berkeley)
Glad to know that according to these moronic, unabashed thieves, I don't have the right to protection at my workplace. Right....
Ian (Canada)
Chip, chip, chip.
B. Marsh (Tampa, FL)
I believe "Equal protection under Law", 14th Amendmant, is VERY applicable here.
Tim Prendergast (Palm Springs)
America has moved on from ostracizing and judging their LGBT brothers and sisters...the fear present in the faces of these republicans as Trump opens up this hideously vicious can of worms tells us that they know that a major backlash at these draconian attitudes will be fast and furious.
ck (San Jose)
Jeff Sessions needs to go. He is an odious man, intent on destroying the fabric of this country. He represents the malignancy this country is suffering from.
C Barghout (Portland. Or)
What do you have to loose? He tells Black Americans. I support GLBT rights to GLBT Americans with a flag, No Anti-semitism to Jewish Americans, at a bit more direct to that bad hombres and Islamic not in our country Americans. Well, looks like we have lots and lots to loose. And we're loosing it every day. Elections matter and placing those who are willing to savage our civil rights laws and collaborate with hostile foreign powers have made it so that it will take a very long time before America is ever great again.
Tom (Show Low, AZ)
This means that if you don't like women, you don't have to hire them. It means that if Mark wants a male in Sandberg's job based on sex alone, he can fire her.
William O. Beeman (Minneapolis, Minnesota)
As expected, President Trump's campaign promises about protecting LGBTQ individuals was a total lie. He and his administration are once again trying to shove all LGBTQ people back in the closet, refusing to protect them from discrimination and now trying to eliminate transgendered citizens from military service--by TWITTER DECREE. This is shameful.

All LGBTQ people who voted for this monster should be hanging their heads in shame. We knew what he was going to do once in office, and he has fulfilled every bad expectation.
Katherine (Florida)
Trump's swamp has reached the boiling point with the "Russian thing", so he has to move the media heat to a different section of the swamp. "I know", he says, "let's throw LGTBQ or whatever to the 'gators. MY attorney general will have MY back on this one...although he is still an ungrateful, disloyal little elf, the base will love it and forget about Russia."
Hychkok (NY)
Thanks, Berniebros! Thanks, Jill Stein! Thanks, Susan Sarandon! Keep making love to that pure ideological chicken!
PW (White Plains)
It seems Sessions was studying the antonym dictionary when he agreed to run the Justice Department. What this abhorrent creature is now advocating is the polar opposite of justice.
RB (West Palm Beach)
The Justice Deparment under Jeff Sessions at the behest
of Trump are doing what they know best; stirring up hatred to appeal to conservatives. By filing Amicus Briefs they are interfering in a private citizen's lawsuit. Their diatribes against Muslims and immigrants are not enough so they are including Gays and Transgenders. Jeff Sessions is demonstrating to his boss that he is not a weekling. See how tough I am boss, I'm in the Gay bashing fray. He should be fired by Trump.
Michael (WY)
So now MAGA stands for Make All Gays Afraid? These guys are just a tornado of terrible.
tom (boston)
What about Black gays?
I-qün Wu (Cupertino, Ca.)
Another example of making America great again. Trying to turn the clock back to a time when straight white men held the whip.
Ricardito (Los Angeles)
Sessions and Trump (and his entire swamp) are all influenced by anti-LGBT falsehoods they learned when they were young, before science came along and showed the world that we are, after all, just people. They probably subscribe to debunked theories about LGBT people, and cling to superstitious nonsense that still persists in anti-scientific and religion-based circles.

The most damaging canard, and the least accurate, is that being LGBT is a "choice". What they mean is, "you can choose to remain in the closet because that makes me happier." In fact, being LGBT is not a choice, it's an identity. "Oh but it's based on behavior..." blah blah blah. No, we're just people, and we have the same lives as anyone else. We're no longer willing to live in the shadows, and we are claiming our rights.

Hey hey, ho ho, discrimination has got to go.
Avatar (New York)
If you were EVER feeling sorry for Sessions, think again! A card-carrying homophobe.
Jean Montanti (West Hollywood, CA)
This is yet another issue for Trump & Co. to bring before their stacked SCOTUS. Despicable.
Andrew (Vancouver)
Although Jeff Sessions has been treated unpresidentially by Trump and should not be treated like that (no AG should), this filing from the Justice Dept. is another reason why I can't feel sorry for him.
Jeffrey Clapp (South Portland ME)
I won't be sorry to see Sessions go. He'll be fired for all the wrong reasons, but L'il Jeff will trudge away carrying his big bag of intolerance and prejudice. We're always hearing what a man of "character" he is, and in what high regard other Senators hold him...yeah, and Scalia was an entertaining dinner companion. It's hard to imagine the next AG could be any more poisonous. But Trump often surprises. Who would've believed his latest attacks on LGBT, considering his beloved mentor Roy Cohn was gay and died of AIDS in Trump's care?
Lisa (Canada)
I agree with hen3ry:
"(...) Then again, maybe the Trump politburo is secretly gay and afraid to admit it. We have noticed that the people who scream the loudest about special rights for gays are often closet gays themselves or uncertain of their sexuality.
And hen3ry goes on saying:
"Take care Trump voters, if you aren't a rich white elderly Protestant male you too will be caught in the cross-hairs of a party and a president that have no intentions of protecting your rights to any sort of decent life".

I support his comment and I would add that in Democratic Countries it is Equal Protection under the Law.
Nothing else is acceptable in the 2000 millennium.
Nobody with understanding and compassion would like to debate sexual orientation and be judgmental about it. I am not gay but I have seen too many straight people belittling and ostracizing homosexuals in the past and I have seen too many being downright miserable - - among my friends and some family members - - amid the jibes and jeers of the grinning rustics self righteous nincompoops and even by young bullies in school yards. Enough!
Phyliss Dalmatian (Wichita, Kansas)
But,.... Ivanka. Folks, SHE is too busy stuffing her pockets with Cash to care about you, or anything else. It's all about the brand, and MONEY.
Norman (Kingston)
This is a pretty good indication that this administration is in panic mode. So now they are scapegoating the transgender and queer communities--easy targets to shore up at least some support with an eroding GOP base.

Oh America, I feel for you.
llnyc (NYC)
This is a diversonary tactic that will have to be settled in the courts some day in the future. Right now, this minute, the healthcare of an entire nation hangs on a vote. Stay focused. Weigh in with your member of congress. We are smarter than this.
dolbash (Central MA)
Another day in Trumplandia where we are all subject to the whims and prejudices of the President.
Samuel Russell (Newark, NJ)
The skydiving instructor should have been fired. Not because he was gay, but because he decided to tell his student he was gay, which is irrelevant and seriously unprofessional. If you work with the public, dont share unsolitcited sexual personal information. If he worked for me I would have fired him for that reason.
Maxsbuddy (Wa)
History repeats and this is why we must resist. First, targeting of a religious and the ethnic, then discrimination against those with pre-existing conditions (the genetically defective), now an imprimatur on discrimination against sexual orientation.
Attempts to discredit the free press.
A sheriff in Kentucky offers 30 days off jail sentence if the inmates submit to sterilization.
All that's needed now is the beer hall putsch and a Reichstag fire.
GET EDUCATED! SPEAK OUT! GET INVOLVED WITH LOCAL POLTICS! VOTE!
Edgar (New Mexico)
Once upon a time, there was a great country that had an idea of freedom for all. It was a beacon to the world. Men and women died and fought for equal rights for all. Then a plight hit the country. You couldn't see at first but slowly it manifested itself in ugly racist rhetoric. Then a leader was elected who spouted cruelty and selfishism. He appointed men and women who told lies to the glazed eyes of his followers. The lies were believed as truth and freedom disappeared. Now the country is a pit of wealthy greed and soon, the vacous leader will laugh and chortle with glee.
Joshua Bauman (Glenolden, PA)
Altitude Express had no right or reason to fire this instructor. The husband had no reason to complain to the company, and Mr. Zarda had no real reason to disclose his orientation to the woman. If she was so uncomfortable with the technique, she shouldn't have taken the sky dive. Despite the effectiveness of parachutes, there's still danger of death or injury in jumping out of airplanes in flight. If Altitude Express is so cavalier that they can fire an instructor over this, then maybe they should just go out of business. That married couple should deal with their problems without involving people like Mr. Zarda, whose life was damaged by this incident. I'm disgusted by the Justice Department's interpretation of the law, but not surprised.
Steve Bolger (New York City)
I consider the ideal workplace to be a place where everyone can forget about their sex life.
Colin (Nebraska)
All of these horrified/disappointed responses puzzle me. This is a straightforward issue: Does the law say it covers sexual orientation? Answer: No. Therefore, it doesn't cover you if you are discriminated against for being gay/lesbian.

If you want to change the law, change the law. But don't stretch it to fit your policy preferences.
henry hart (waianae, oahu)
the blatant position the potus has chosen is a common one that in the closet homosexuals take, distract the attention off himself. this potus is a rerun of the joe mccarthey days.
NDanger (Napa Valley, CA)
I would feel much worse about this - hard to believe, I know - if I didn't view this through the lens of "distract, distract, distract!" that has become the mantra of the current administration. All bread-and-circuses for the Trumpian masses.
William S. Oser (Florida)
And.........................POOF.........................................

All arguments that Donald Trump would not attack gay rights flies up the chimney as ashes. The only question that now remains for me is with Republicans in power, should they be able to fill another SCOTUS seat, which goes first Roe v Wade or Obergefell. My guess in Obergefell as a test run to see if the country will tolerate overturning Roe.
Ricky Barnacle (Seaside)
You mean there was an argument that he wouldn't? The guy's a Freak Wing fascist, backed by the "religious" stormtroopers. Anyone who thought differently is a rube.
Louis Anthes (Long Beach, CA)
We need a class action lawsuit against the DoJ, alleging conspiracy and RICO violations, as that Department seems to encourage, abet and coordinate nationwide violations of 42 U.S. Code Sec. 1983.
pjc (Cleveland)
What is most disgusting about this, is that Trump personally does not even care. He is just pandering to the only solid base he has left: bigots.
Chris (Nantucket)
Exactly true. His poll numbers went down, he can't get anything done to declare "mission accomplished"-not that he has any missions other than accumulating power and money- so he throws the base a few bones: attack Hillary, and go after LGBT Americans. It's all smoke and mirrors.
Mark (Arizona)
You are so right. Distract and debase to play to the base. Sad.
An American (in Paris)
His base was always full of bigots. Only a bigot would have voted for him. I've heard all the lame explanations, excuses, excuses, excuses, and it's just the same old crap we heard about what Germans did in the 1930s. They wanted a better economy, and figured the lives of millions of Jews and other marginalized people was a small price to pay to get a schnitzel in every pot. The people who voted for this nightmare have no excuses that will withstand the scrutiny of sunlight. Morally bankrupt, every one of them. And that includes many in my own family. Despicable creeps with three-car garages and deep pockets. They're dead to me.
eric selby (miami beach)
Now this attorney general has assured himself more time in the office which he could further enhance if he were to take on racial issues, maybe something like good old Southern traditions: separate bathrooms for whites and blacks (the latter never cleaned), blacks not allowed to sit at lunch counters (along with the homosexuals) , blacks at the back of the bus (along with the homosexuals) .... When will we take to the streets en masse, demanding the end of this administration. We should all be enraged.
E Holland (Jupiter FL)
Maybe Eric, instead of just taking to the streets, a tax revolt is called for. Everyone could delay sending in their taxes.....I mean everyone except for the rabid Trump supporters. I'm tired of the hijacking and would hate to resort to the same but it might be all these bozos will understand.
An American (in Paris)
If 4 million people took to the streets the day after the election, we should be able to summon 40 million in a few weeks if people get their butts in gear.
James I. Steinberg (Fresno, Calif.)
Gay Americans were "had" by this con men. This lesson will be learned by an ever lengthening list of Trump's "marks."
AC (Minneapolis)
Unless you're talking about the Log Cabinerss and Milos of the world, gays weren't had by anyone. We didn't vote for him.
Neal (New York, NY)
"Gay Americans were "had" by this con men."

Only Lindsay Graham. The rest of us were not born yesterday.
Jane Archer (Riverside Illinois)
For the people who are arguing the special treatment for some (groups of people) is not equal treatment. Please, try to understand that what you see as equal treatment is far from it. It is trying to get some people to have the same rights as everyone. Rights we don't question or even have to think about on a daily basis.
Scott (USA)
I'm glad the NYT Picks are able to google a law and put the language of the law in their comments. There might be hope yet for the world, since internet commentators finally realize the law is the law, not the mob rule of public opinion. Want the law changed or updated? Go to your congress reps. The DOJ is entirely right. The opinions of a commission or a court of opinion is not the legal process to change laws.
Andy (Paris)
"The DOJ is entirely right"
Are you willing to bet real money on that? If the Trump tweets are any indication, the DOJ amicus brief is specious overreach drafted under duress.
Meanwhile, the constitutional scholar and former President came down on the other side of the argument. He wasn't whistling Dixie, state and federal judgements support his view, not yours.
So we'll see. I see the difference between *correct* and *right* and I offer odds on 1G and up.
Steve Bolger (New York City)
There is no equal protection of the law without equal input to what the law will be. On this basis, the US system is illegitimate from the word "Go".
Abbey Road (DE)
It's really become exhausting to even stay in this country any longer. From the insane proliferation of guns and violence, destruction of important environmental protections, complete corporate control of every democratic institution, and now the continued discrimination and legality to hate one group or another. Many of our European allies and western democracies have been moving forward in the 21st century while the US is collapsing and disintegrating not to mention the quality of life for the average person has been rapidly declining and under attack.
Steve Bolger (New York City)
Maybe Khruschev was grooming Trump while pounding his shoe at the UN, promising to bury the US.
nonya (nonya)
Speak for yourself.
ARNP (Des Moines, IA)
In our eagerness to protect would-be victims of discrimination, we can get sloppy with language. In so doing, we lay the groundwork for future misinterpretation. So, I think we do a disservice by conflating sex/gender and sexual orientation. Identifying as transgender indicates nothing whatsoever about one's sexual orientation, any more than being cisgender (male or female) does. Title IX as written applies to sex/gender. I don't see how it could not, therefore, apply to transgender people. Sexual orientation is a separate thing, deserving and requiring specific legal recognition and protection. It is tempting to try to shoehorn it into interpretation of existing statues, but doing so opens the door to broader interpretations and applications of other laws, with consequences this liberal-minded citizen would be upset by.
arty (ma)
@ARNP,

I understand the "letter of the law" arguments, but let's do a thought experiment:

Employee A is in love with person X, who is a bisexual male.
Employee B is in love with X as well.

If I fire A, a male, and not B, a female, how is that not gender bias?
Ian Maitland (Wayzata)
arty:

The Civil Rights Act simply prohibits discrimination in employment (and other settings) on the basis of sex, i.e., discrimination against B because B is a woman (or against A because A is a man).

That is to say, it outlaws discrimination against you because of your sex, not because of the sex of the person you love.

Whether the law should say that is a matter of opinion, but what the law says is a matter of fact. Just like the law does not prohibit discrimination against A because she is a Republican.
Jacqueline (Colorado)
Agreed. Transgender falls under sex. In the past there was no such thing as gender identity. Gender identity was sex.

Sexual orientation needs to be added. As a gay transgender woman, I need both kinds of protection from discrimination.
gary abramson (goshen ny)
On the same day that a Times columnist describes the Attorney General as strong on law and order, the Justice Department files a claim that federal law does not protect gay people from employment discrimination.

Law and order is generally equated to enforcing criminal statutes stringently, particularly as they apply to black people and other minorities. Crowded prisons are reflective of this type of law and order.

But if we think of law and order in constitutional terms, the federal government has a duty to protect the rights of citizens from discriminatory acts of the states and of corporations that, in many respects, are more powerful than the government itself.

In this sense, the Attorney General is more accurately described as homophobic and unfaithful to the Constitution that he has sworn to uphold.
Cornflower Rhys (Washington, DC)
Yes, but the constitution does not say that the government has a duty to protect the rights of citizens from the acts of corporation that are more powerful than the government. It is true - there are corporations that appear more powerful than the government, but it's just not the law now that constitutional protections apply to corporations.
Steve Bolger (New York City)
There are no statutes protecting liberals from job discrimination either.
gary abramson (goshen ny)
Constitutional protections of course apply to corporations: they must not discriminate in hiring and promotion practices against women and minorities. They must not interfere with rights to assembly, such as forming and belonging to unions. Nor must they turn away customers on similar, discriminatory bases.

The instant issue is may they discriminate against people because of sexual orientation.
Duane Coyle (Wichita, Kansas)
While I personally fully support gay rights, speaking as a lawyer it is probably legally correct that federal "sex" discrimination laws only really protect women from discrimination where they are treated differently from men precisely because they are women. As such, a person physically born a man by all appearances who changes to be a woman, and is known as a woman, could, I think, claim discrimination if she were discriminated against because she is a woman. But I do not think the federal discrimination statutes ever contemplated protections for gays. A government agency cannot expand the scope of a statute beyond the plain language of the statute.

This is why it is so important to support efforts at the state level to enact anti-discrimination laws for LGBTQ citizens. This is where the action is now. We can't be lazy and rely on the federal courts. Effort must be extended in the state legislatures.
Horace Buckley (Houston)
The justice dept is wrong The sexual orientation of a person doesn't really matter because Title VII addresses gender. If someone is in a relationship with someone of the same gender that makes discriminating against illegal without the sexual orientation of the person coming into question at all.
When the Supreme Court ruled in favor of allowing same-sex marriage it did so based on equal protection and I seriously doubt It would reverse it's own decision so quickly.
Glenn (Cary, NC)
It is impossible to understand that the term "sex" in the phrase "race, color, religion, sex or national origin” means anything other than "gender." And because it means gender,then it obviously covers LGTB people. Previous court rulings to the contrary were expressions of bigotry - not rational interpretations of the law. The DOJ brief is also an expression of bigotry, plain and simple.
Francis (Naples FL)
I do not understand many of the hysterical comments here. The issue is that the CRA, as was written and passed by congress, does not include language for sexual orientation.

If we believe, as a nation, that it should, then lobby our legislators to write and pass an amendment to the law.
bill d (nj)
Yeah, right, the same federal government currently dominated by the GOP, who have proven time and again that they are nothing more than what HL Mencken in his day called the "KKK branch of the Democratic party", the only difference is this is not a branch, this is the GOP, southern bigots/religious reich, good ole farm folk and the like. It is a sad testament to our country that our legislatures and its citizens have never been on the forefront of civil rights, they always lag, and it takes the courts and executive orders often to extend rights forward. You could argue that in the history of the US, only the bill of rights extended rights via legislators, after that they are all backwards and constantly wanting to go back. The civil rights laws of the 1960's only happened because of the courts, specifically Brown vs Board of Ed, otherwise Jim Crow likely would reign if congress was the final word.
upstate now (saugerties ny)
Plaintiff is dead and the case is now being pursued by his estate. Dismissed by the District Court and the dismissal was affirmed by the Second Circuit, one of the most liberal courts. This current proceeding is for an argument en banc to reverse two other courts. Not going to happen with or without DOJ involvement.
This could have been brought under NYS law, perhaps with a different result except for the possible awarding of attorney's fees.

If you don't like what the courts or DOJ have done, get your elected representatives to amend the statute to include sexual orientation. Right now they are following the law as it was written back in 1964. This "controversy" just stirring the pot.
Barbara (Stl)
We are going backwards with Trump and Sessions. By the way, I protested such opinions years ago, but I'll be glad to protest it again.
JLD (California)
I can start to see where this is going. No protection for LGBT citizens under the Civil Rights Law, transgender citizens prevented from joining the armed forces, then . . . piece by piece dismantling other protections for people of color and for women, instituting voter-suppression laws, then probably finding a way to take away same-sex marriage. Open season on bigotry.
Miss Ley (New York)
JLD,
You are correct, and as an American who was brought up to remember the liberties that our ancestors fought and died for, there is no other Nation in the World that represents The People as Universal Citizens. We are seeing an effort to dismantle these freedoms, but support for this Administration, with its unpredictable governing policy, is now diminishing and dwindling daily.

Cool heads and warm hearts will prevail. This presidency will be remembered as a cautionary lesson in our History never to take any of our hard-earned liberties for granted. We are watching the end of this Term come to an end, and we will rise all the more stronger. Democracy will win once again.
Louis Anthes (Long Beach, CA)
Just “bigotry”?
James I. Steinberg (Fresno, Calif.)
Trump lies? I'm aghast! (Sarcasm alert for his patsies and marks)
Dave Kollhoff (Berkeley, CA)
Perhaps it can be argued that this discrimination doesn't violate the Civil Rights Act, but surely it violates the 14th Amendment. Or the law as interpreted must violate the 14th Amendment and be clarified for a more enlightened time.
Louis Anthes (Long Beach, CA)
42 U.S. Code Sec. 1983.
Rich Martin (Vancouver, Wash.)
Did Trump also ask "What do you have to lose?" when he claimed solidarity with LGBT issues?
Frederick (Philadelphia)
This is headed for the SCOTUS, where Trump and Sessions know full well they now, have enough justices to ensure civil rights laws are never extended to the L.G.B.T. community. Much the same way the chief justice stripped protections from the Voting Act knowing the Republicans congress would never pass laws overriding the SCOTUS decision.
DMutchler (NE Ohio)
No logical way to argue against it though. On the level that matters in respect to Civil Rights, it is tantamount to gender, for example. One does not "pick" one's sexual orientation.

Furthermore, were it to be shot down, aside from the ceiling falling in on the Supreme Court, religion would immediately be a target, because it is in fact something not inherent to the individual. Religion is not "natural" or part of an individual's nature.

All that, though, is not to say they might just deem it something with which each state needs to grapple. I don't think that will wash, though, but heck, I'm just a philosopher, so what do I know.

I didn't think El T. would get elected. Should have voted twice, like those Republicans (ha).

Of course, if Congress does amend the Civil Rights Act, watch for *lots* of changing of language, because were "sexual orientation" to be included with race, color, religion, national origin, etc., then many entities would no longer be able to claim religion as a reason to discriminate. As a Civil Right, religious freedom has allowed discrimination to flourish quite a bit.

Go figure.
Frederick (Philadelphia)
You would be right except for the fact that your reasoning is all Pre-Trump thinking when we could count on checks and balances. Right now I no longer have faith there are any real checks to the president and his cellphone. If a Democrat had changed military policy by tweet without consulting the Joint Chiefs, the Congress would be discussing Articles of Impeachment right now. Yet, most conservatives are more obsessed with Sessions job security than the unimaginable reality the president issued a tweet that affected thousands of members of the uniform service without reaching out to the either the civilian or uniform command structure at the Pentagon.

We are all in unchartered territory right now!
Paul Cohen (Hartford CT)
The vision of Trump and Sessions is to turn back the clock and promote the definition of being an American as the Aryan master race which will exclude all women.
Neal (New York, NY)
...because most of those Aryan Master Race guys are only interested in sex with each other. Remember, it's not gay if you're an ubermensch.
MAW (New York)
Firebomb after firebomb to distract everyone while the liar-in-chief and his party dismantle health care for everyone and try to make all things Russian go away. Sickening, excruciating, embarrassing, disgusting, craven, dare I say, evil.

I, for one, am exhausted from the cascade of one outrage after another desecrating our laws, our rights, our inherent sense of decency and most of all, our right to life, liberty and the pursuit of happiness.

This assault on our Constitution our settled laws and our citizens is an affront to all decent Americans.
Kate De Braose (Roswell, NM)
It seems rather obvious to me that Mr. Trump is simply doing what he has always done to redirect attention from himself to naming and shaming someone else for his lapses from grace.
LET US COUNT THE MANY WAYS!
C.C. (California)
And the country, just like that, continues to regress backwards. Pretty soon, the Trump administration will argue that LGBT people aren't considered "human beings" at all and thus deserves no human rights. Trump should be ashamed of himself for proposing a ban on transgender people serving the military and to make the matters worse, he is trying to normalize this sort of discrimination in order to justify his stupid "financial burden" ideals.

I guess Trump's motto of "Make America Great Again" is translated as: "Make America [Discriminate] Again." At this point, Trump has already attacked Muslims, Mexicans, the very poor, women, the elderly, veterans, and now he has added transgender people to his list. The majority of the American people who voted for Trump are just as insane as he is since they are open to their bias and prejudice against classes of people who they deem as inferior and sub-human.
Rich (Corvallis, OR)
Let's call it what it is, if the term is still applicable--just one neo-fascist outrage after another, day after day. The involvement of right wing Christians and their brand of fascism is just plain sleazy, and worse than that, in the suffering it continues to cause. These people need to be resisted every day, and stopped as quickly as possible.
Neal (New York, NY)
"Make America Hate Again." Not that it ever really stopped.
Save the Farms (Illinois)
Mr. Zarda should have been fired because he made an inappropriate comment in the course of working with a customer.

A simple addition to the law...if Transgender, which it is about time to recognize explicitly is allowed then the prohibition against TG in the military is gone.

House and Senate are currently in session and such a law would easily pass and AG Sessions would then be in a position to recuse the Gov't from further action on past lawsuits.

It can, and should, happen in one day, today is fine.
MikeK (Wheaton, Illinois)
Another edition of Let use the Bible to justify Hate.
V (T.)
This is Christianity at work. Religion to discriminate.
Frightened Voter (America)
It is not my Christianity. It is a false "christianity' that ignores Jesus' teachings to unconditionally love and help everyone. Their "christianity" is one based on exclusion and hate.
Renegator (NY state)
Haven't conservatives for years argued that there is no need to add special language to legislation protecting gay and lesbian people? Didn't they say that it is already covered?0
Cool chick (America)
It is funny that they did not want laws protecting gays .. But then turn around and want special laws to be able to discriminate against them... Boy Republicans are just mentally ill..
jrs (New York)
It sickens me on so many levels to see civil rights denied to any individual, but it is particularly disturbing is to once again hear the claim from some commenters that gays are seeing "special rights" — the right to avoid discrimination on employment is not special, it is inalienable, along with life, liberty, and the pursuit of happiness. These are not "liberal" ideas, they are constitutional.
Patrick McCord (Spokane, WA)
Gay rights activists are ALWAYS furious. This is not news.
john.goodgold (NewYork City)
i recommend this so people know what a bigot looks like.
paulyhobbs (Eugene, OR)
Maybe because there are so many people who are pining away for the "good-old-days", when being openly gay often meant getting beaten to death.
Cool chick (America)
Because people are always trying to take Normal Everyday Civil and Human RIGHTS away from the LGBT Community.... All the time... every day... I know you know that . why play dumb??
Thomas Wright (Los Angeles)
So much for the LGBT Trump.
Robert (Seattle)
The battles that we thought were already won, and that most Americans agree with, are now being undone and lost anew under the spiteful, unprincipled and dishonest malevolence of Mr. Trump and Mr. Sessions.

Please imagine this. Should the courts decide against Mr. Zarda, as suggested by the Justice Department's brief, then employers could legally not hire gays, treat gays differently as employees, or fire gays all merely because they are gay.

The Democrats who have been the principal protectors of our minority communities must be more imaginative. They must begin to imagine that all of the social gains of the past century could still be lost.

Yes, the small things count, too. But they are irrelevant if the principal social gains upon which the small things depend are lost. This isn't a time for subtle arguments or ideological chastity.

It is a time for people of good will to join together to do what is right, and stand up against Mr. Sessions and everybody else who want to take this country back to a time when only straight white men counted.
Jack McGhee (New Jersey)
The thing about all this Republican social policy, including this thing and the transgender thing from yesterday, is it seems like it's not going anywhere. It's really a lot like it's just charades to for the voters into voting for the big business henchmen.

You know, if the right thing to do or what you're committed to doing is marginalizing homosexuals or some other group, then how about figuring out what the best thing to do with them is, getting some real research behind it, and doing something comprehensive and consistent. Instead it's like these piecemeal efforts, and maybe nobody really argues for them well, argues for them in a way that's very easy for an intelligent person to respect.

The policies are really kind of like just tokens for the voters, and it's like they're just setting themselves up for controversy, provoking resentment against themselves instead of accomplishing anything. It's not really a movement, even thought they're calling it a movement.

And consider the dismantling of the Confederate monuments. Doesn't that seem to suggest an overall, long-term loss of ground for these people?

Right now, it looks like because of political correctness, pretty soon you're not going to be able to name anything after any white person who was born before 1900.

You know, today I'm going to read about Trump lashing out at something, but tomorrow, stuff like that isn't going to be most of the reality that's facing me.
DMutchler (NE Ohio)
Surprise!

(did ya see that one coming? no? Really, no?)

Pretty simple fix, though. Make it law. It is not like the Civil Rights Act of '64 hasn't been made more inclusive before. Just do it again...and dare any of those Republicans in office at the moment to go against it.

Look at the Trump-o Presidency this way: it is an opportunity to have each and every Congressperson stand and deliver when they are told to fix every single thing Trump breaks.

If we're lucky, we'll run most of them out of office.

And then...then we can start to whittle down some of these Democrats too.
Duane Coyle (Wichita, Kansas)
Exactly. Right on point. Legislation, legislation, legislation. At the state level, then at the federal level. You cannot depend on the whim of the courts, especially when it is accurate to say that the "sex" discrimination statutes passed at the federal level never contemplated protections from discrimination based on one being gay.
Dave (Rochester, NY)
The simple fact is, the law, as written, does not make sexual orientation a protected category. If that's not to some people's liking, then lobby to amend the law. Obama overreached, and as popular as that may be with some people, it's still overreaching. The Trump administration has done a lot of indefensible things, but this isn't one of them.
W.A. Spitzer (Faywood)
"The simple fact is, the law, as written, does not make sexual orientation a protected category."....No, but the founding principle, the idea upon which this country is based, is - that all men are created equal and that they are endowed by their creator with certain inalienable rights. If you don't believe that then you are not an American and perhaps you should go live somewhere else.
RDA (NYC)
What the outrage over this reveals to me is that so many people are stuck in their ideological filter-bubble that they overlook the facts. Since everyone in their Facebook feed seems to agree with them, people start to believe that the country at large is aligned with their opinions.

The facts is, title VII does not protect you from being fired because of your sexual orientation, full-stop. Similarly, like no law makes it illegal for the president to hide his income, or hire his children, or fire the FBI director when he fails a loyalty test, or fire a special counsel who he thinks is getting to close to the truth.

People like to regard the Trump regime as a laughable circus, but there as just as many faults with the system of laws and checks and balances as there are with the man. That's where we ought to be focusing our outrage.
Miss Ley (New York)
Nevertheless, and noted, The Trump Era is coming to an end in America.
Sessions (USA)
Here comes the payback for the religious right being the first to endorse Trump and his religious agenda.
David Smith (Nyc)
Do you think Trump actually does not want to be president and is doing everything possible to get out of it without just saying "I quit"?
Jeffrey Clapp (South Portland ME)
Hard to find any other reason for his series of bone-headed, self inflicted wounds!
Barbara (<br/>)
Mr Sessions, don't you have a resignation letter to send to your "beleaguered" boss?
Stella (MN)
The Republican's insecurity about Obama's legacy and need to undo every trace of it, has them going against every Christian principle.
asd (CA)
Amen.
RunDog (Los Angeles)
Apparently the Republicans and those courts siding with them are parsing the statutory language to distinguish between "sex" and "sexual orientation". It is not clear to me how you do that. Is there really much difference between the two when it comes to workplace discrimination? I don't see it. For decades, if not centuries, biased people have categorized gay men as feminine and lesbian women as masculine, obviously in both cases in a derogatory way. When the statute prohibits discrimination on the basis of sex, isn't it in effect prohibiting discrimination based on people's perceptions of the sex of the employee, more than their actual biological sex?
mh12345 (NY)
If memory serves, these were the days in the Obama White House where Hillary was breaking new ground for LGBT State Department workers and their same sex partners, changing passport policy making it easier for trans folks to change their gender marker....what might have been.
Gene (Fl)
This is why Sessions will hold on. His only goal is to take away our rights.