Posted by 23 April 2019
How far should the 1964 Civil Rights Act go to cover discrimination based on sexual orientation or gender identity? That is a question that has split the Obama and Trump Administrations, and now the Supreme Court is taking up the issue.
Earlier this month, the court agreed to hear three cases that involve the interpretation of this fifty-five year old law, which prohibits discrimination based on sex. The cases involve two individuals who were fired from jobs because they were gay and one individual who was fired from a job because she is transgender.
The Obama Administration and some courts have held that discriminating against someone because of their sexual orientation or because of their gender identity, that is a violation of the law. The Obama Administration embraced that view, reversing what the Justice Department’s traditional interpretation of the law. The Trump Administration contends that when the 1964 law bars discrimination based on sex, it means discrimination based on one’s biological sex.
Some states prohibit discrimination based on sexual orientation and gender identity. There is a federal law that would enact the same protections nationally, but it has yet to pass Congress.
Do you think that federal law should be interpreted to prohibit discrimination against people based on their sexual orientation or their gender identity?
Posted by 23 April 2019
The Trump Administration wants to ask whether or not someone is a citizen during the 2020 census. New York and other states do not want the federal government to do this. The Supreme Court heard arguments yesterday in an attempt to determine who will prevail.
Commerce Secretary Wilbur Ross has ordered that the 2020 census include a question about respondents’ citizenship status. While census forms used to ask this question, they have not done so for decades. Secretary Ross justified this change as a way to help the federal government enforce the Voting Rights Act.
New York and other states have sued to stop this question from being included. They argue that Secretary Ross violated various federal laws in ordering the question put on census forms. They also say that this question will lead to an undercount of non-citizen residents, something that would negatively affect their states.
During Supreme Court arguments, some justices appeared sympathetic to the states’ arguments against the Trump Administration. Justice Sonia Sotomayor, for instance, noted that the Constitution requires the census to count residents, not citizens. She also agreed that a citizenship question would indeed lead to an undercount of these residents.
Other justices, however, said that the law gives the Commerce Secretary power to determine what questions are included on census forms. They also pointed out that historically the census has asked this question, so there seems to be little reason why it could not ask it again.
The census is set to begin soon, so this case was handled under an expedited review. Lower courts had ruled against the Trump Administration on this issue. The Supreme Court’s decision will determine if the census forms that are set to go out within months will contain this citizenship question or not.
Do you think that a question about citizenship status should be included in the 2020 census?