LGBT advocacy groups combine with Equal Employment Opportunity Commission (EEOC) tp push gay agenda
NOM recently filed an important legal brief in three critical cases pending before the US Supreme Court in which LGBT activists are seeking to redefine the term "sex" under federal law to include "sexual orientation" and "gender identity." This is a hugely important issue because if gay, lesbian and transgender activists prevail, the rule of law will be turned on its head and they will succeed in imposing major elements of their extreme agenda on the American people, especially people of faith. These cases are also a perfect illustration of how critical policy battles intersect on multiple paths, and show the importance of NOM's work across the judicial, legislative and administrative avenues.
At the core of each of these cases are actions undertaken by a commission of the executive branch of government, the Equal Employment Opportunity Commission (EEOC). For years, the EEOC has been an activist agency seeking to expand its jurisdiction over claims of discrimination, especially when it comes to claims made by LGBT individuals. NOM has opposed these efforts, and also opposed the confirmation of a notoriously pro-gay commissioner who has championed the LGBT agenda at the EEOC.
Meanwhile, LGBT extremists have for years been lobbying Congress and state legislatures seeking to include "sexual orientation" and "gender identity" as defined legal classes entitled to legal protection against discrimination on the basis of sex. NOM has successfully opposed these legislative efforts, too, because they will used as a spear to target people who hold a biblical worldview on issues such as human sexuality.
Despite the LGBT advocacy groups continued failure to convince Congress to include "sexual orientation" and "gender identity" in federal anti-discrimination laws, the EEOC moved to do their bidding. In a lawless decision, the EEOC advised employers that it had determined that federal law already includes "sexual orientation" and "gender identity" within the meaning of "sex" and thus it is illegal for anyone to "discriminate" against an LGBT individual on that basis.
As an aside, not only did NOM oppose the EEOC ruling, but we played a leading role in successfully denying the reconfirmation of Chai Feldblum, the notorious pro-gay member of the commission. Unfortunately, the damage Feldblum had inflicted by voting to redefine the term "sex" had been done.
Our concern about the use of the EEOC ruling as a spear to target anyone who takes an action against an LGBT person became immediately clear. A gay man whose job was to conduct tandem parachute jumps with female customers was fired when a woman reported that he inappropriately touched her during a jump. The man now claims he was discriminated against. Another gay man lost his job following an audit of program funds under his management, and he, too, now claims it was discrimination, not his job performance, that cost him his job. And a man who for years worked at a family funeral home in Michigan claims that he was discriminated against because the small family business refused his request to present himself to grieving families dressed as a woman.
The EEOC is at the center of all of the cases. In some, the courts ruled against the plaintiffs, in other cases they ruled in favor of the plaintiffs. Now the US Supreme Court must weigh in on the matter.
NOM's position on these three cases is clear and straight-forward: No executive branch agency, and not even the courts, has the constitutional authority to redefine federal law. It is the purview of Congress to enact laws, and Congress has consistently refused to include "sexual orientation" and "gender identity" within the meaning of "sex" in federal anti-discrimination laws. That should be the end of the matter.
The US Supreme Court has scheduled oral argument in the three cases in which we are participating for October 8th. We will keep you informed of any developments. Meanwhile, we are most grateful for your prayers and support that have sustained us, and will much appreciate anything further you might be able to do at this critical time.