BREAKING: Federal Appeals Court Rules Civil Rights Act Protects LGBT Employees From Workplace Bias

HUGE. The Associated Press reports:

A federal appeals court in Chicago on Tuesday ruled that the 1964 Civil Rights Act also protects LGBT employees from workplace discrimination, the first time a federal appellate court has come to that conclusion. The decision by the 7th U.S. Circuit Court of Appeals comes after it threw out a July finding by three of its own judges that the law doesn’t cover sexual-orientation bias and ordered a rare rehearing by the full court, a rare session known as an en banc hearing.

It also comes as President Donald Trump’s administration has begun setting its own policies on LGBT rights. Late in January, the White House declared Trump would enforce an Obama administration order barring companies that do federal work from workplace discrimination on the basis of sexual identity. But in February, it revoked guidance on transgender students’ use of public school bathrooms, deferring to states.

The Hively case stems from a lawsuit by Indiana teacher Kimberly Hively alleging that the Ivy Tech Community College in South Bend didn’t hire her full time because she is a lesbian. The entire court reheard oral arguments in November and directed the toughest questions at a lawyer for the college who argued only Congress could extend the protections. The aggressive questions suggested the court might be willing to expand the 53-year-old landmark law.

  • Mike Knife

    Proof that there is a gay God.

    • Johnny Wyeknot

      Nope. Just well reasoned judges.

  • Mark

    And PerKKKY thought he was on such a roll…..

  • thom

    YES! YES! YES!

  • Mike_in_the_Tundra

    Wow. As Joe said, “Huge.

    • zhera

      The decision by the 7th U.S. Circuit Court of Appeals comes after it
      threw out a July finding by three of its own judges that the law doesn’t
      cover sexual-orientation bias and ordered a rare rehearing by the full
      court, a rare session known as an en banc hearing.

      Does that happen a lot? I didn’t know such a thing could happen.

      Not complaining, though! Discrimination based on sexuality is discrimination based on sex. Simple logic.

      • thom

        It does, but not often. AT ALL

        • biclapudic

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      • JT

        It was used as an argument against the prohibition of same sex marriage.

      • The_Wretched

        The Federal Courts of Appeals can and do hear cases with 3 judge panels and their rulings can get appealed to the full court. That’s normal.

        • jayjonson

          Yes. But what is not normal is that the panel that ruled against Hively because of the circuit precedent specifically asked for an en banc hearing to reconsider their own ruling.

          • The_Wretched

            I think that’s a formalism.

      • If I’m not mistaken, en banc rulings are fairly rare these days.

        • JohnInCA

          Rarely granted, but I think it’s common practice to ask for one before going to the SCOTUS.

          • Paul David

            You mean the Scotus that’s about to have Gorsuch (cough **illegitimate** cough) on it?

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          • JohnInCA

            Yes.

      • Guest

        OT. Tuesday later evening. Just saw this. D&G just sold out the LGBTQ-P community again. Remember a few years ago and even Elton John was called out for carrying their shopping bag? This time they sold out the poor and the middle class by dressing melanoma Trump. Then the told us to f$&K off.

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      • lymis

        I am not a lawyer.

        It’s the usual progression in the process. “A lot” is a different matter.

        The usual progression is trial court, then appeals court with a 3 judge panel, then appeal to the whole “en banc” court.

        The member of the Court all vote whether or not to rehear the case as a group, or to let the 3-judge ruling stand. If they let it stand, the next appeal is the Supreme Court. If they decide to rehear en banc, then they rule (either to uphold or overturn the 3-judge panel), after which the only appeal is the Supreme Court.

        The vast majority of cases don’t require en banc review because there’s no real controversy about the 3-judge ruling. Just as the vast majority of cases appealed to SCOTUS aren’t heard by the Supreme Court, because they don’t grant certiorari (meaning, they effectively say “We can live with the lower court ruling.”)

        So while almost every case that heads toward the Supreme Court routinely goes through the process of appeal to the entire Circuit en banc, most of the time, the Court itself votes to skip that step and uphold the 3-judge ruling, so it’s less common for it to actually be heard this way.

        Since the only judges who would vote to rehear are sort of by definition not okay with the 3-judge ruling, it’s pretty common that a case that DOES get heard that way gets overturned. It’s not as common for it to need to be heard that way.

      • Steverino

        Indeed it is discrimination based upon sex. All discrimination of this sort, be it based upon sex or sexuality, has its roots in misogyny.

      • jayjonson

        Two members of the panel that originally said that the law doesn’t cover sexual orientation bias requested that the question be reconsidered en banc. The only way a circuit precedent can be changed is by a ruling of the Supreme Court or by an en banc ruling. Hence, they asked that the precedent be changed.

    • Todd20036

      Thanks. I get that a lot.

  • thom

    Judge Posner again in the mix for LGB rights

    • billbear1961

      I hadn’t forgotten him!

  • safari

    I remember hope.

  • Ragnar Lothbrok

    Been waiting all day for something to celebrate. Drinks !!

    • Oscarlating Wildely

      Never a bad reason for drinks but a good reason for a good amount of them: blissful.

      We will weather this shitstorm.

    • j.martindale

      I started earlier after all the other crap thrown at us today. It feels more like a celebratory drunk now!

      • Todd20036

        Good news or bad news.

        THere’s no news without booze.

    • KCMC
      • Lane

        I am sooooo embarrassed. At first I thought that was Rosalind Russell in Auntie Mame and wondered, wait — how did I miss a flying martini?

        • Todd20036

          Now THAT would have been cool

        • DuaneR

          You should be embarrassed!

      • Scott Carpenter

        Endora was fabulous. The woman who played her – not so much.

        • Lazycrockett

          There are so many different stories/rumors/version bout Agnes Moorehead.

        • That_Looks_Delicious

          Hmmm. Your comment got me googling and I just now found out about the mysterious adopted son and her will. I had never heard that story before.

  • Uncle Mark

    Yay, Chicago !! I’m so proud of you !!

  • billbear1961
    • safari

      Nice choice, Mr. Bear.

      • billbear1961

        🙂

        xo

  • thom

    Anyone know if DOJ had weighed in? Or filed a brief in this case?
    Interested to see how Sessions handles this on appeals

    • j.martindale

      It has been through appeal. The only other place to see this end up is in the Supreme Court, unless the congress changes the law.

      • thom

        Yeah, i meant at SCOTUS

        • j.martindale

          Keep in mind that this is now a precedent for other Federal Appeals Courts. We now will see in the court for Louisiana and Texas comes to a different conclusion.

          • John30013

            The 11th Circuit here in Georgia recently ruled the opposite way, so we already have a split among the circuits: https://thegavoice.com/federal-court-rules-georgia-lesbian-fired-gay/

            However, as in the marriage equality cases, SCOTUS will probably wait until more circuits have ruled (one way or another) before they decide to step into the issue. I’m sure our side’s lawyers know that. I hope they’ve got similar cases lined up in all the circuits, but there’s definitely a strategy that has to be followed when trying to use the courts to change statutory interpretations.

          • BobSF_94117

            I think the conservatives on the court will snap it up at the earliest opportunity.

  • Lazycrockett

    Another reason to deny Gorsuch for SC.

    • Ninja0980

      Sykes as well.

    • j.martindale

      But as long as we don’t lose Kennedy and the other liberals, we are still ahead of the game. Pray that the court doesn’t lose any of our desperately needed pro-gay justices!

      • Steverino

        Here’s hoping that the three oldest justices (Kennedy, Ginsburg, and Breyer) who have voted repeatedly to uphold our rights, take speculation on their imminent retirement or early demise with a great deal of umbrage.

    • (((GC)))

      It’s a stolen seat.
      It’s a stolen seat.
      It’s a STOLEN SEAT!

      We need to convince a few Republican senators that using the nuclear option will trigger even more massive disapproval of the Greedy Old Party and cost some elections next year.
      (I know, from my mouth to Ceiling Cat’s ears….)

      • BobSF_94117

        I’ve been hoping some Dem senator would say he/she would certainly vote to approve Gorsuch in eleven months, as is now the custom.

        • (((GC)))

          Or rather, s/he would approve a Supreme Court nominee after the next election, after the people have spoken. Before then, NO!

        • lymis

          I’d rather they say that since there’s no indication that Trump will be president in eleven months, the seat should remain open until the next (elected) president can fill it.

  • thom

    Is there a circuit split yet?

  • DaddyRay

    This is a Big [email protected]#king Deal
    — Joe Biden

  • Edmund Allin

    Really OT: Ian McKellen interview.

    https://www.youtube.com/watch?v=Cqh4rBSoViA

  • Oscarlating Wildely

    All on the watch of Their Dear Leader! Can’t even blame Obama.

    Pucker up, butter cup.

    https://i1.wp.com/urbanintellectuals.com/wp-content/uploads/2015/12/trump_main.jpg

  • billbear1961
  • thom

    Civil Rights Act article VII applies to LGB citizens!
    One can assume rest of CRA protections will soon follow… housing, banking, public accommandations
    And Trans protections as well.

    • billbear1961

      Once recognized, such rights are hard to snatch back again without causing a FIRESTORM.

      • thom

        They would need to repeal the Civil Rights Act.

        • j.martindale

          That is scary–and somewhat possible in today’s environment.

          • billbear1961

            We have the numbers to STOP them if we aren’t afraid to USE them.

            The notion that an election could or should mean moving backwards DECADES in a FREE society is just NOT acceptable.

            And only SERFS would bow down to it!!

          • Walter Maerlyn

            I think it would lead immediately to civil breakdown.

          • NancyP

            “Somewhat” possible? Entirely possible. After all, the Voting Rights Act was neutered a SCOTUS term or two ago.

        • GayOldLady

          Don’t think they won’t try

          • thom

            Now that i think about it they might try and pass a stand alone bill clarifying what they think the CRA should apply too.
            Not sure that would hold up in court though

          • zhera

            Aren’t they already?

          • GayOldLady

            They’re always trying to turn back or stop anything that helps the LGBT community

          • NancyP

            Don’t think we won’t riot!

        • That_Looks_Delicious
      • Tashawburris

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    • John30013

      Not to throw water on this truly momentous ruling (as Joe said, this is HUGE), but technically it only applies in the 7th Circuit. Other (lower) federal courts in other circuits have ruled differently. So, like Marriage Equality, this issue will have to be adjudicated by SCOTUS at some point.

      If the Obergefell/Windsor Five are still on the high court when such a case comes before them, we will probably prevail. But that’s by no means certain.

      • lymis

        I don’t trust Roberts as far as a five-year-old could throw him, but he is on record as at least stating that in his opinion, sex discrimination is the appropriate analysis for LGB rights.

        Whether he’d actually rule that way is another matter, especially since his concern seemed to be more about not recognizing a new protected class than actually protecting anyone’s rights.

    • lymis

      Trans protections are going to be a bit of a stretch under this analysis, until trans people are routinely recognized as legally being the gender they identify with.

      The logic actually does follow for job protection. If you can’t fire a lesbian because she’s not acting like a straight woman (by marrying a woman), then you shouldn’t be able to fire a trans man (in a state where he is legally identified as a woman) for publicly identifying as a man and dressing that way.

      But that wouldn’t cover being able to use the appropriate restroom (since all “legal” women are required equally to use the ladies’ room). And in the sort of catch-22 that bigots delight in, they could probably require a trans man to use the ladies room and then fire him for doing so. It wouldn’t cover requiring the state to issue appropriate ID or other documentation like a revised birth certificate.

      So while this is a huge incremental step, it doesn’t yet go far enough. One step at a time, but we’re nowhere near done.

  • Johnny Wyeknot

    Yippee!

  • Ninja0980

    This is big.
    Scary to say though, this is now going to come down to one person, Anthony Kennedy and he NOT always been on our side when it comes to employment etc.

    • thom

      Saying nightly prayers for Kennedy and RBG

    • billbear1961

      It would so DAMAGE his legacy to say no to this!

  • forcebear

    The only thing that could make this news better is an affirmation by SCOTUS.

    • billbear1961

      Hello, forcebear!!

      🙂

      • forcebear

        Hey, billbear! I roared out a throaty, 80s-style YES when I read the news. 🙂

  • thom

    If this ruling is extrapulated on by more courts it would negate the need for the Equality Act.
    We need to win this on appeals then expand it to include all Civil Rights Act protection and expand the protections to trans citizens

  • CJakes ™

    Yes! Thank you 7th!👍😂😘

  • Paul

    After the election I signed up for a monthly donation to Lambda Legal and it looks like my investment is already paying dividends! I live and work in NYC and was already protected, but I am getting misty-eyed thinking of our brothers and sisters out there in less hospitable areas who can now put photos of their spouses on their desks with no fear of reprisal. https://www.lambdalegal.org/donate

    • John30013

      At least in Illinois, Indiana and Wyoming (the ambit of the 7th Circuit). This ruling does not apply nationwide, and there are other circuits that have ruled differently in recent, similar cases (such as one here in Georgia where a lesbian was fired from her hospital job: https://thegavoice.com/federal-court-rules-georgia-lesbian-fired-gay/).

  • billbear1961
    • Walter Maerlyn

      Everything about this post is truly beautiful. Thank you Mr. Bear.
      If 1961 is your birth year, we are only a year apart. Based on your long history of posts, I have tremendous respect for you as an individual.

      • billbear1961

        That’s very kind of you, Walter, thank you.

        I enjoy YOUR posts–very informative.

        • grada3784

          1961? You are such a kid. I have a niece almost as old as you.

          Take it from where it comes, an old fart like me.

          • billbear1961

            Hello, grada!

            Hope you’re doing okay in these horribly stressful times!

            At least we’ve had this victory to celebrate!

            xo

          • grada3784

            Wish I could say so.

            I started this morning with a Filipino hustler I just met hitting me up for money on Facebook. Then I got the same thing from a guy I’m hopelessly in love with. I so hate the what have you done for me lately approach, especially when lately was yesterday. But I don’t have much choice: most people treat me like I’m invisible, including my nieces and nephews – even the ones about your age.

            Are you sure you wouldn’t like to adopt an unwanted uncle?

          • grada3784

            Well the hustler is back. I guess a pretty stupid one.

  • Ninja0980

    No surprise Diane Sykes was one of the dissenting judges on this case.
    She has always been a bigoted bitch when it comes to us and of course, she is one of the judges LGBT “ally” Trump said he would appoint to SCOTUS.
    Let’s hope that never happens.

    • Walter Maerlyn

      She just made it a bit harder for herself.

  • Natty Enquirer

    Two other appellate courts have come to the opposite conclusion, so the law will not be settled until the Supremes have their say.

  • Ninja0980

    Should be noted you had several conservative judges, including Frank Easterbrook join this option.
    Nice to see there a few conservative judges that can leave their religion at home and not on the bench.

  • Walter Maerlyn

    After 241 years, we are now only a hair’s breadth away from being fully equal citizens under federal law.

    • billbear1961

      And the notion that this could be stopped by an election in a FREE society and gangsters placed on the courts to STAMP OUT equality based on NOTHING but sheer HATRED is utterly UNACCEPTABLE.

      Only a nation of cringing SERFS would tolerate it!!

      • Walter Maerlyn

        I don’t think it’ll happen Mr. Bear, and even if it does, it will be but a temporary setback. I’m not usually an optimistic person, but the evidence that society itself has changed is overwhelming.

        The wailing and gnashing of teeth on the right is just more evidence in support of that notion.

        • billbear1961

          I hope you’re right, Walter!

          • Walter Maerlyn

            I usually am. 🙂 No false modesty here.

            I married my love of 30 years last year, and I’m happy to report that I have not had a single negative occurrence as a result, nor has he. In fact, its been entirely positive every single step of the way. From finding someone to do the ceremony, our families, our friends, our employers, our insurers, our county government offices, our tax preparer, and dozens of others like our doctors and dentists because of changes to our insurance. etc… 100% positive and supportive. And this is Podunk, Ohio.

            And, those are not the only positive changes by far. The real positive changes have been between the two of us. We always have had a great relationship, but somehow this marriage thing has changed even that for the better. We respect each other even more, we get along even better than we did, even the very private aspects of our relationship have improved and I thought they were great before.

            I’m either the luckiest person on earth, or things have truly changed.

          • billbear1961

            🙂

          • petewestcentral

            Maybe both. Congratulations. Though I didn’t marry, on the day that I was “legal,” I went out and took a long walk just to look at the new world.

          • billbear1961

            That’s a lovely story, Walter.

            I only saw it because I refreshed the page.

            All I saw at first was the first line.

  • worstcultever

    De facto USA president Putin: No like this.

    Chief deputy Bannon: On it, sir.

    /sorry to be a bummer

  • Reasonoverhate

    Nice to get some good fucking news!!!

    • DaddyRay

      It is also nice to get a good fucking

  • Ross
    • DaddyRay

      It is quite the contrast

    • Chucktech

      What??? Anyone who aspires to be a US Senator would know that Trump on his own could do no such thing.

      • David Walker

        But it sounds good. And the base loves it…because they’re so sincere about it.

  • Ben in Oakland

    Though I support the decision itself, there is no way that the CRA could be construed to cover sexual orientation.

    What we should be arguing is discrimination onthe basis of religious belief. In short, discrimination by the people mostly likely to do it.

    • thom

      It HAS been construed that way though. By a federal circuit. And many court watchers feel it has a good chance with SCOTUS

      • Ben in Oakland

        We’re on much firmer ground with the religious discrimination, because the CRA does cover that, in writing.

        • thom

          I think a lot of bigots could argue they have no religion and are therefore allowed to discriminate.

          Some of the most homophobic people i know are non religous

          • Ninja0980

            My late and not so great neighbor fit that bill to a tee.

          • stuckinthewoods

            “better late”

    • Natty Enquirer

      What part of the 7th Circuit’s reasoning do you disagree with?

      • Ben in Oakland

        I don’t really disagree with the reasoning, but you might say the basis and the practical politics of it. Where we need to be concentrating, in my not so humble opinion, is the people who want to use their religion as a weapon.

        When we were fighting the marriage wars, for YEARS, I kept saying we need to start showing gay people. Because the closet was the enemy. We lost prop. 8 because of our Feckless Leaders’ problems with showing real gay people. Don’t even get me started on that nonsense. We could have won and we should have won, but for that closeted mentality. We finally started winning because we finally started showing gay people as gay people.

        I am fairly certain that the overwhelming majority of the hate directed against us is justified– not based in, but JUSTIFIED– as sincere religious belief. Time to defang that snake with established law.

    • zhera

      Disagreed. There is EVERY way that the CRA could be construed to cover sexual orientation.
      Discrimination based on sexuality is discrimination based on sex.

  • kaydenpat

    Great news indeed.

  • Lane

    This is the sort of thing that might force the R’s to go nuclear. I’m not saying it was a decision that shouldn’t have been made. I’m just saying this might be something that gets some fence-sitters willing to push harder for Gorsuch.

  • Acronym Jim

    Well, this was a big old hand to the face to the eighteen Republican senators in the previous article.

    http://i.imgur.com/ZelbdDP.gif

    • JT

      Those two guys were so cute together. Funny too.

  • Pablo Sánchez
  • DaddyRay
    • clay

      I read that the Mormon “Prophet/President” is in distress.

  • Blake J Butler
  • thom

    Cant believe this isnt getting more attention tonight. This could be HUGE.
    Potentially as big as Obergerfell.

    • JWC

      it doesn’t have Trump’s name on it or any reference to Trump Why on earth would the media carry it

    • Ray Taylor

      Indianapolis NBC 11Pm news just had a very brief mention and quickly moved on.

  • billbear1961
    • Menergy

      yikes! titties and breast feeding and a woman carrying a big stick!
      😉

  • Leo

    OT: Was gonna wait for a sad post, but posting this anyways. :/

    • JWC

      more saber rattling one has to wonder which of the 2 are crazier

    • thom

      Ummmmm… did you see the statement from our Secretary of State???
      WTF! https://uploads.disquscdn.com/images/6fcefbc84c77cbc9d457a68a0b8f59684cd205d89e4ba3b68ea6bf5bd84e547c.jpg

      • billbear1961

        This regime is MAD.

      • Leo

        Would be sad if it weren’t mortifying. They might as well come out and say “we’re not gonna bother HAVING a State Department anymore”….:/

      • ByronK

        Wow, that’s taking a strong stand? Did his wife write that for him?

      • billbear1961

        This is gross negligence!

        The Executive and Legislative branches of this “government” are a DISGRACE–good for nothing but DESTROYING a country, and maybe a WORLD.

        THIS is the GOP–a nest of neo-fascist SCUM!!

        • fuzzybits

          We’ll pat you on the head and tell you absolutely nothing.

          • billbear1961

            Or if we DO tell you anything, chances are 9 out of 10 it’s a LIE.

        • That_Looks_Delicious

          This (North Korea) might just be the incomptence that pushes enough Republicans over the edge to dump Trump.

          • billbear1961

            I wonder, TLD–I wonder.

      • KarenAtFOH

        Duck and cover.

      • zhera

        WTF is that real?

        • houstonray

          Yep, sad and true…

      • Stogiebear

        He forgot to add “STOP” between each phrase of his telegram.

    • Treant

      Oh, the next thing is an attempted distraction by going to war. I don’t think this is going to work out as well as they hope it will.

    • houstonray

      And then this BEFORE the launch…

      “Washington (CNN) A senior White House official issued a dire warning to reporters Tuesday on the state of North Korea’s nuclear program, declaring “the clock has now run out and all options are on the table.”

      “The clock has now run out, and all options are on the table,” the official said, pointing to the failure of successive administration’s efforts to negotiate an end to North Korea’s nuclear program.

      The comments came as two senior White House officials briefed reporters ahead of President Donald Trump’s meeting with Chinese President Xi Jinping later this week in Florida. The briefing took place on the condition of anonymity.”

  • another_steve

    Difficult to keep in mind during these turbulent times of ours, but true, I think:

    The direction of things is toward beneficence.

  • JWC

    good to Know that not the entire US is batshit Crazy Just, apparently. those that hog the headlines

  • Blake J Butler
  • j.martindale

    I hate the fact that so much of our political energy has been taken up fighting for equality in employment, housing, parenting, marriage, and on and on. Aside from the anger engendered by institutional governmental anti-gay bigotry, it degrades our efforts to resolve so many of the other issues–health care, the environment, poverty and so forth–that should otherwise demand our attention. If simple justice could be achieved for the LGBT community based on what should be the self evident demand for equality under the law, we will be free to turn our attention to the greater community of fellow Americans. I devoutly hope this decision takes us closer to that goal.

    • JWC

      we ain’t done yet

      • j.martindale

        No, but this offers a very broad brush to correct many areas of discrimination.

        • JWC

          ahmen to that

    • Ninja0980

      I do as well.

    • fuzzybits

      I would hope along with our own struggles a lot of LGBT folks have been fighting for other causes.

  • thom

    Majority opinion in Hively is conspicuously drafted so that reasoning will also apply to discrimination based on transgender status
    @JOSHACLU

    • Natty Enquirer

      They have correctly found that all this animus springs from sexism, which is expressly prohibited in the protected contexts of the Civil Rights Act.

  • Lazycrockett

    So I see that going after Rice is the next Drumpf distraction.

    • DaddyRay

      If the Trump Administration did nothing wrong there wouldn’t be anything for Rice to discover

    • Ninja0980

      Working to a degree too.
      Our media just can’t help themselves.

    • Rice
      North Korea nukes
      Syrian gas attack on civilians
      Gorsuch and the filibuster
      Bill O’Reilly sex harassment
      AHCA 2.0: The Worsening
      Sessions orders all police abuse consent decrees reviewed
      Kushner acting as unconfirmed SecState by himself
      Trump corruption, nepotism, and plundering
      Finally– Trump/Russia: The Treasoning

      We have distraction overload to the point where everything is a distraction. Right now, today, there’s no room for Rice to be enough of a distraction to take over the news cycle and push Trump’s treason out of the picture entirely.

      • Ray Taylor

        The ruling by the 7th, gives us a great big patch of blue sky to appreciate.

  • petewestcentral

    Great news. Breathe!

  • SFBruce

    This was an 8-3 decision! Diane Sykes, one of the judges on Mr. 35%’s list as potentional SCOTUS nominees, wrote the dissent, calling the decision, “an aggressive reading of loosely related Supreme Court precedents.”

    • Michael R

      Bye She-Scalicia

    • Ninja0980

      She is a vile woman and the only reason she won’t make SCOTUS is due to her age.

  • The Sentinel
    • JWC

      the epitome of evil

  • fuzzybits

    Oh,we all need some good news!!!!!!

  • glass
  • thom
    • zhera

      YES!

  • DaddyRay
  • glass
    • Lazycrockett

      That’s a higher kick than I would expect from Stephen.

      • Ray Taylor

        He is right up there with the women.

    • kareemachan

      I love this.

  • fuzzybits
    • DaddyRay

      This is one of those situations that would cause the LGBT community to come out and take over the streets of the Castro back in the 90’s – I loved those days

      • fuzzybits

        Mine was the 80’s there,but it was happening then too.

    • Craig Howell

      Great, except our Rainbow Flags should be at half-mast in memory of Gilbert Baker, its designer.

  • bkmn

    A reminder that a SCOTUS with Gorsuch may well overturn this decision, in spite of the sound reasoning that went into it. Please keep this in mind every time you cast your vote.

    • Ninja0980

      Too bad folks didn’t last fall.

      • bkmn

        Exactly.

    • thom

      Agree 100%
      Also think the obergefell 5 would stick together here…

  • MikeBx2
    • Sam_Handwich

      We have no state dept

    • thom

      Absolutely ridiculous

    • bkmn

      The neocons are itching for another war.

      • Who are the neocons in Trumps administration? Most of his cabinet picks just want to figure out ways of ripping people off to make money. The hawk-like neocons seems to be missing from his cabinet actually. The term ”’neocon”‘ applies less to Trump backers and “paleocon” (the old isolationist America-firsters) applies more. Check Bill Kristol, David Frum, McCain, Graham, Cheney, and that wing of the Republican Party to see where the old Neocons landed — they are not pro Trump now. They still see Putin as a huge threat.

        • kareemachan

          Bannon is the real loose cannon…

      • 2guysnamedjoe

        Kriegskanzler drümpf is jizzing his Sansabelt golf slacks at the prospect of going out in a blaze of glory, and taking most of the planet with him. It will be the crowning achievement of his useless, egomaniacal career.

      • grada3784

        Depends on how much oil North Korea has.

    • fuzzybits
    • billbear1961

      What it means is we do NOT have a responsible government.

      Christ, how I hate these useless, evil BASTARDS!

    • It means that the summit in Palm Beach is going to go like this —
      Trump – Get Korea under control or we might have to start bombing their facilities. And I mean business.
      Xi – Mr. Trump, things are not that simple. But if you think I am going to sit here and be pushed around I am leaving right now. And I do not have to shake your hand either. Que Pasa Amigo?
      Its going to be a fun meeting. And the traffic jams here in Palm Beach County have already started.

      • fuzzybits

        And why the hell does he have to make another trip to Florida?

        • Fuzzy, I can’t even drive two miles from my house — I am a good 15 minutes from downtown Palm Beach normally — without running into traffic. Go home already! We don’t want Trump, his press, his staff, and all the gawkers here. And, our police bills are up 32 million and we are not getting any additional money from the U.S. government to pay for it. Why can’t he have picked somewhere else to hang out?

          • fuzzybits

            He could go to Jamaica.

          • Craig Howell

            On behalf of the residents, commuters and tourists of Washington, DC, I wish to thank Hair Trump for exporting some of our awful traffic jams down to Sunny Florida.

      • BobSF_94117

        1. NK launched this missile because Xi is going to be here this week

        2. Tillerson’s memo is intended for Xi, no one else

        3. Stock up on water and various essentials

    • houstonray

      Put that in conjunction with this leak tonight….

      “Washington (CNN) A senior White House official issued a dire warning to reporters Tuesday on the state of North Korea’s nuclear program, declaring “the clock has now run out and all options are on the table.”

      “The clock has now run out, and all options are on the table,” the official said, pointing to the failure of successive administration’s efforts to negotiate an end to North Korea’s nuclear program.

      The comments came as two senior White House officials briefed reporters ahead of President Donald Trump’s meeting with Chinese President Xi Jinping later this week in Florida. The briefing took place on the condition of anonymity.”

      • kareemachan

        You know what really pisses me off? Clinton was making strides with NK, and then along came shrub and Cheney the Dick – who promptly shut down talks and badmouthed them. Kinda put a damper on the whole negotiation thing for 8 years, and if nothing else, NK dictators have LONG memories.

        • houstonray

          Yep, exactly. Clinton was making strides with Kim Jong-il and imagine if that had continued, upon his father’s death, Kim Jong-un might not have been the nutcase he is if he had grown up seeing a regime willing to negotiate. Yet another thing Darth Cheney screwed up in the world.

    • This is Tillerson basically saying, “So that happened. Oh well.”

      Effectively, the United States right now has no State Department.

      Tillerson, as ex-Exxon* CEO, didn’t want the job and has no experience or expertise in diplomacy, and apparently has little to no authority to direct policy. Kushner has power of a sort, but he also has no experience or expertise, plus not only was never confirmed by the Senate for any sort of senior authority position, he has financial conflicts out the wazoo.

      *= Bonus factoid: Y’know how Tillerson couldn’t even be bothered to say or do much of anything about chemical weapons being used in Syria, the kind of thing an actual professional diplomat would care about deeply? Guess who’s the 5th largest manufacturer of chemicals in the world, 2nd largest in the U.S.? That would be Exxon.

    • Lazycrockett

      WTF?? These people have no clue on how to deal with world politics.

      • Exactly. You don’t issue a stupid statement like this.

        • 2guysnamedjoe

          Important matters like this should go through proper channels, like Snapchat or Twitter.

    • ByronK

      It means “We have absolutely no idea what we are doing and pose a very real danger to the international community because of our incompetence.”

    • SoCalGal20

      That’s because JARED will be the one to forge peace or whatever with North Korea. After he’s done bringing peace to the Middle East and fixing out government technology or whateverthefuck it is they have him doing.

    • Craig Howell

      Well it could mean something like Reagan’s famous quip: “We start bombing them in 5 minutes.”

    • Tomcat

      It means trump has been cruising for a war and he really does not care who it is with. Remember republicans believe wars make good business ventures.

      • Tomcat

        oh, that is if your own kids do not have to fight them.

    • jefe5084

      Just the other day Noam Chomsky warned us to look for an “act of terrorism” and “war” or other distraction undertaken covertly by Trump administration to galvanize the masses to his agenda. To try to control the disintegration of his regime.

  • Michael R

    <— has a question

    I've heard it said if all democrats vote we
    would win every time , is this true ?

    • DaddyRay

      Well not in my local election outside Chicago today – there wasn’t one single Democrat on the ballot to vote for. It was sad

    • DaddyRay
      • Michael R

        Sad

      • fuzzybits

        ugggg.

      • Tomcat

        Looks about what has been happening all over the country.
        Face it they took over the country from the bottom up.
        Hate to say it but that is smarter than we did. All we do is put all our marbles into presidential elections.

        • John30013

          They’ve had a plan since the 1970s, which has now come to fruition. They were patient and their plan worked. It’s time for progressives to do the same, but it won’t happen quickly.

    • houstonray

      I think the stats are that we would overwhelmingly control all three branches of government. If all Dems vote, we outnumber the Republicons almost two to one. There will still be pockets of red and places that only go red but we’d still win more and in the end control the outcome of the elections.

  • StraightGrandmother

    The vote was 8 Judges for and 3 judges against so that is an overwhelming majority. Judge Sykes is a woman judge who was up for the Supreme Court, she voted AGAINST the plaintiff.

    Judge Posner, we all remember his epic ruling in the gay marriage case out of Indiana, he wrote a real nice piece in the ruling. I’ll never forget crying my eyes out reading the Posner authored ruling in the gay marriage case. Find the ruling here.
    https://t.co/2WKlwza48a

    • Ninja0980

      It should be noted several Reagan appointees, including the very conservative Frank Easterbrook joined this option so the ones in dissent are bigots, simple as that.

  • mjcc1987

    Unfortunately, this will propel the hate in the name of jebus bill that would spew from the House and Senate and signed by the orange moron.

    So, think 2018 and elect real democrats. real progressives. Flip the House, Flip the Senate, and Flip off the orange moron.

    • DaddyRay

      They never give up and neither should we

      • Ninja0980

        Nope, just look at Iowa which just celebrated eight years of marriage equality and yet you still have folks wanting to do away with it.

    • John30013

      Just as (perhaps more) importantly, flip your state legislatures and governors. Redistricting will happen after the 2020 census. If the GOTP continues to have complete control of so many state governments, we’ll continue to have gerrymandered districts that all but guarantee GOTP legislative dominance in DC and the states.

  • houstonray
  • ErikDC

    We’d be in like Flynn if Hillary Clinton had a Supreme Court nominee awaiting confirmation right now.

    As is, this decision is on shaky ground. The one time Anthony Kennedy didn’t back gay rights at SCOTUS it involved the private sector (the Dale case involving the Boy Scouts).

    • Ninja0980

      Yup, which is why I’m not sure that his vote is a lock here.

    • McConnell, McCain, and Graham all basically said if Clinton was President, the seat would remain empty for the entirety of her term.

      • johncAtl

        At least until it backfired against them. A four-four split sends the decision back to the lower court. And it seems a lot of the circuit courts have been pretty liberal lately.

    • John30013

      Dale was a free-association case, though, which is not comparable to what’s being argued here. In cases of statutory interpretation, Kennedy seems to come down on the side of “dignity” (that of LGBT people, in particular) not being impugned by the government’s interpretation of statute.

      If Kennedy buys the argument that discrimination against LGBT people is usually predicated on the discriminator’s view that the victim did not conform to “proper” gender roles (in whatever capacity—dress/appearance, behavior, choice of romantic partner, etc.), then “our” side will likely prevail.

  • Lazycrockett

    Wow Sen. Jeff Merkley just basically called Drumpf a traitor on the senate floor.

    • ByronK

      Speaking truth to (orange) powder.

      • TrollopeReader

        TANG !!!

        • JCF

          TANG, BANG, Drumpf should H***!

    • Ninja0980

      About time someone did.

    • billbear1961

      Lots more should!

    • It’s the truth. Donald and everyone around him.

  • Treant

    I stopped down for a snack. Are we at war with North Korea yet?

    • safari

      “North Korea launched yet another intermediate range ballistic missile. The United States has spoken enough about North Korea. We have no further comment.” — The State Department

      So… almost?

      • Treant

        And apparently with an incompetent State Department. Just tell Li’l Kim to look Tillerson in the eyes and the old guy will run screaming.

        • 2guysnamedjoe

          Badass Jared, toughened on the mean streets of Livingston, NJ, is just the man to take on Lil Kim.

        • sadoldguy

          tillerson will take a nap.

    • Craig Howell

      All in good time, my pretty.

  • teeveedub

    I’m very happy at this ruling.

    That said, my personal experience is such that I’m still suspicious of employers, HR departments, and so-called “at will employment” laws.

    I’ve been terminated twice in my not-so-illustrious career for issues related to my sexual orientation. Once, I was tipped off by a manager that if I continued to be “out” at work, I risked being terminated. That was because – crime of all crimes – I revealed that I had gone on a date the previous weekend with another man. Days later, I was out on my ass.

    The other time was being terminated from a telecom giant (with a much heralded non-discrimination policy) immediately after it became known that my partner had just died of AIDS. In that case, I consulted an employment lawyer and was advised that I had no case, because I was living in an “at will” state, meaning that an employer could terminate an employee for any reason or for no reason.

    The cards are stacked against employees in most places already. And if you’re LGBTQ, they can fire you for being queer, as long as they don’t say so out loud.

    So, yes, I’ll celebrate this ruling. And, yes, I’ll still be out 100% of the time. But I won’t delude myself into thinking that a legal ruling will actually provide a whole lot of protection in the workplace. Courts can rule to change laws; changing the culture of discrimination is a whole other can of worms.

    • Natty Enquirer

      Severance NDA with the “telecom giant”?

    • zhera

      Sucks that you had to experience that.
      “At will employment” is a state law, though, right? So the CRA overrules such evil legislation. If you could prove without any doubt that you’d been fired because of something protected in the CRA, wouldn’t you have had a case?

      • teeveedub

        It’s hard to know. And I don’t know the law well enough to know if the CRA would override the state law.

    • j.martindale

      Few discrimination cases are very successful. There has to be overwhelming evidence on the part of the plaintiff in the case to even get an attorney to take the case. But the fact is that we will eventually have the law on the right side of the issue, protecting the victim of discrimination rather than the bigots. And that is huge.

    • Lars Littlefield

      Interesting to hear that telecom company was so intent upon letting you go. In the era of Ma Bell during the 60s and 70s until it was broken up, the Telecommunication Workers Union was big on supporting all gay employees. I worked with several charities that offered adult education for those who had fallen through the cracks (reading, math, bathing, etc.) and what was then the broken off chunk of Ma Bell and called the Western Telephone Whatever was a big contributor to adult literacy and job training.
      I regularly attended dinners and luncheons accepting generous checks from all the “girls” who served in management and corporate administrative roles. It appeared that LGBT folks had pretty much broken through whatever barriers may have previously existed and were running the show. But that was in the 1980s. Plus, I never worked for any outfit like that. I only had contact with them as generous givers to charity. And that was in SLC.

      Utah is a right to work State. It has it’s good side. When I was told my opinions and management style were in conflict with that of a CEO where I worked, I was fired and given a copy of my hiring agreement that specifically stated if I ever left the place I would not seek work in the same field for five years. Turns out in a right to work state such a condition of employment clause cannot be enforced. It’s like telling a person they cannot work in their field of expertise. That’s illegal. So, it was a joy and a pleasure to accept another position with my previous employer’s direct competition. The money was much better, too. 🙂

    • lymis

      I agree. This just means that companies, especially in places like Indiana, will stop saying “You’re fired because you kissed your wife” and say “Your job performance is unsatisfactory.”

      I got fired for being gay by a boss who didn’t want a gay subordinate. So what he did was put in writing all my job assignments, which constituted about twice as much as I could possibly do, and then verbally prioritize them with me every day, telling me that he knew I couldn’t do it all, but that it gave me a list of things to do if I finished everything else.

      Then after several months, he went to HR with the documented proof that I hadn’t been doing everything I’d been assigned. Everyone, including HR, knew exactly what he did, but he’d created a document trail they could pretend to believe.

      Then, two months later, HE was fired for having sexually harassed at least three employees who’d filed lawsuits. But of course, I didn’t get my job back.

      • teeveedub

        Karma works its magic.

  • j.martindale
  • thom

    Every single anti-trans opinion (and brief) prominently relies on the 1984 Ulane decision that CA7 just overruled. https://t.co/f3ICkLZWCh
    @joshaclu

  • safari

    So… I think Rachael just told us that we’re sending in troops into the Middle East and not announcing it.

    • SoCalGal20

      Some of it has been lowkey in the news but yeah.

      • Ninja0980

        And it will stay that way until they start dying.

    • thom

      Yep, they stopped a few weeks ago. Said it would give away too much info to our enemies. Basically the position Trump took entire campaign.
      Believed to be up to 500 troops on ground in Syria

    • Tomcat

      He will keep quiet about the dead ones coming home also.

      • Tomcat

        The man is a snake with no morals what so ever.

      • johncAtl

        It’s a Republican tradition. Bush 43 banned the press from covering bodies coming back to the U.S.

      • clay

        After all, that’s what Putin does with Ukraine.

        • johncAtl

          Shhhh… not so loud or your tea tomorrow morning will have plutonium instead of sugar.

          • clay

            No tea, no sugar, no problem.

      • BobSF_94117

        He made a big show of going to watch his first. Called it “beautiful”.

    • clay

      Pro’ly ’cause Trump was tweeting all, “I told Obama not to go there.”

  • gothambear

    Tony Perkins has so much to be enraged about – how will he channel his faux biblical fury?

    • Dreaming Vertebrate

      Perhaps he will send a bulk email begging for money to stop the evil gayz (Just a hunch.)

      • jefe5084

        that would be my guess, too. Easy money those gayz.

    • Natty Enquirer

      By removing his toupée and flagellating his naked scalp?

  • SoCalGal20

    Ooh Rachel has leaked EPA docs!

    • Natty Enquirer

      Did she find them “weird”? That’s her code for “bad” or “evil.” It’s getting a lot of use these days.

      • SoCalGal20

        I don’t know that she used the word weird. The docs come from Pruitt. One is basically ordering any regulatory action that anybody in any EPA office takes to be submitted to a central database at EPA HQ. The other document is wanting the various offices to submit rules and regs that they feel should be repealed or modified. They have until May 15 to report back. Rachel posted the docs on her blog.

        • BobSF_94117

          to submit rules and regs that they feel should be repealed

          The Electoral College maybe????

  • Sissy Spacedout

    The fundies will be banging their bibles hard tomorrow…

  • j.martindale

    This is from the decision, and will it make the Faux News people MAD!

    But it has taken our courts and our society a considerable
    while to realize that sexual harassment, which has been per-
    vasive in many workplaces (including many Capitol Hill of-
    fices and, notoriously, Fox N
    ews, among many other institu-
    tions), is a form of sex discrim
    ination. It has taken a little
    longer for realization to dawn that discrimination based on a
    woman’s failure to fulfill stereotypical gender roles is also a
    form of sex discrimination. And
    it has taken still longer, with
    a substantial volume of cases struggling and failing to main-
    tain a plausible, defensible
    line between sex discrimination
    and sexual-orientation discrimin
    ation, to realize that homo-
    sexuality is nothing worse than failing to fulfill stereotypical
    gender roles.

    • (((GC)))

      THIS.

    • BobSF_94117

      Great, so my whole life I’ve just been failing to fulfill stereotypical gender roles. Somehow, I thought there was more to it than that…

  • Jeff

    Anyone else getting an advertisement window opening right above the comments section? I’m using Safari on an iPad and this just started within the last day. Never had any advertisement issues before and Adblock is not stopping the ad window from opening…. 🙁

    • Tomcat

      I have always gotten ads above comments, nothing new or nothing to worry me.

      • Tomcat

        I imagine they help pay for the use of this site, ya think.

      • johncAtl

        I don’t use any ad-blocking on my iPhone or iPad and the comments are always under two rows of ads. It does seem since the last iOS update a few days ago that the page now scrolls slower.

        • Tomcat

          Don’t worry, trump will get faster at getting all your info faster. Then the scrolling should go faster.

      • Jeff

        Yeah it’s weird, for me they just started showing up today or maybe yesterday. I guess I can live with it – it was nice not having any ads! Maybe I will try re-installing Adblock…. thx to all who replied! 🙂

    • ultragreen

      On Firefox, the add-on uBlock Origin blocks all advertisements on this site.

      • John30013

        I hate to admit that I use it (and AdBlock+ on Chrome) because if I don’t, my Android browser frequently gets redirected to some stupid “warning” about malware, or sweepstakes winner announcement, when I’m surfing JMG on my phone. I’m sure the malicious code is coming from an ad and it’s not Joe’s fault, and I want him to make money*, but the experience on mobile is frequently frustrating without ad blockers.

        *One way I try to help is to browse for something I want to buy (say, on Amazon), and then come to JMG and wait for the ad networks to place an ad for the item there. Then I can buy it from the ad, and Joe gets a kickback.

        • johncAtl

          Clever. Perhaps you should change your user name to Watson.

    • jefe5084

      I use adblock and ghostery, so don’t see those. However, if that interferes with Joe getting some $$ for running this site, I will turn them off. I thought it was just a disquis thing.

      • Tomcat

        Unless Joe is as rich as trump I imagine he needs ads to keep this site online and this site must use a ton of bandwidth to function with all the links people put on it.

    • -M-

      The tabooli video thing? Showed up today for me. 🙁

      • Jeff

        Yep the tabooli ad wasn’t there before – now I have to live with it I guess 🙁

    • If you encounter any kind of problematic ad — whether it’s objectionable content or bad placement or whatever — best thing to do is contact Joe and let him know.

      Use the Contact link up at the top there to get his email addy.

  • Dagoril

    The 7th Circuit covers Illinois, Indiana and Wisconsin. Suck on this lemon, Pence!

    • Ninja0980

      Walker too!

      • clay

        (and Ryan and Priebus)

  • Tomcat

    trump and the make america nauseous again crew will change this soon enough.
    I fear our country is headed for total disaster under this hideous excuse for a man.
    And I did not capitalize america on purpose because it already is diseased.

  • jefe5084

    The schadenfreude is so, so, so rare these days. I will just sit here, and enjoy a few moments of it……………………………it’s fleeting, so rare….ahhhhhhh………….

    https://uploads.disquscdn.com/images/b80d2ac022a4b743005616addfa627364ff13b26085a1c3e238f65c50ceddab1.jpg

  • JT
  • The daily outrage continues and I’m all out of wildfire.

    https://twitter.com/BeccaMorn/status/849437216954875906

  • Lazycrockett
    • Dreaming Vertebrate

      Yay!!

    • John Ruff

      FUCK YEAH

    • Ninja0980

      I have a feeling Bill’s time on Faux is going to be coming to an end soon.
      Good riddance to bad rubbish.

      • Tomcat

        They just resigned him to a new contract.

        • -M-

          Pity. But I’d like to remind them they didn’t sign a promise to put him on the air.

      • Claude Jacques Bonhomme

        I don’t think so, sadly. Let’s not forget that Faux viewers have just elected the Predator in Chief.

      • Cuberly

        Just an opinion, but, it took a HUGE outcry to get Ailes kicked out. Since O’Lielly generates actual content, my guess is the outcry is going to have to be MUCH louder before he’s shown the door.

      • Natty Enquirer

        I doubt it. The advertisers will wait a few weeks for the next shiny object to capture the public’s attention, and then they will sneak back.

    • Dreaming Vertebrate

      When Hoveround and Depends pull their ads, you’ll know he’s toast.

      • Lazycrockett

        Are the commercials on faux different than the ones on MSNBC or CNN? I have never watched Faux in my life, but I assume its advertised by the same companies.

        • Dreaming Vertebrate

          O’Reilly’s mean audience age is 70+
          Advertisers know how to target the audience for their products.

        • Tomcat

          They sell a lot of gold coins on Fox.

          • McSwagg

            Pure 14 carat gold plated coins

      • houstonray

        And catheters, don’t forget the catheters!

    • Cuberly

      Fox’ response. Basically HR speak, no surprise there.

      https://twitter.com/TomKludt/status/849375272495439873

      • clay

        Their VP of HR and their corporate lawyer need to be sacked, just like Ailes was. Only then, without them to cover him, O’Reilly will be vulnerable.

    • houstonray
  • Sam_Handwich
  • Lazycrockett

    The Last Word should be interesting.

  • OhPleeze

    That’s great news! But I would have expected the AP to note that, despite his previous promise, Trump went back on his word and recently issued an Executive Order that rescinded the requirement that Federal contractors have LGBT nondiscrimation policies.

  • clay

    So, DC on June 11th, y’all?

  • OT Eye Candy of the night. Meet Isak and Even, from the Norwegian High School Drama Skam, that has taken Europe by storm — and is now hitting the USA. They were recently voted the top couple in the world by the readers of ENews! http://www.eonline.com/news/834591/tv-s-top-couple-2017-has-a-winner-and-they-re-thanking-the-coolest-fanbase-on-earth https://youtu.be/lPYOMAy1It0

    • Ninja0980

      Love cuddling and watching other couples that do as well.

      • Somehow watching two young gorgeous Norwegian adonises also helps with the visualization.

  • John Ruff

    Ha ha ha! This is fucking huge. Title VII is our ticket. I always knew it would take the Civil Rights Act. What’s congress gonna do, repeal it.

    • Sam_Handwich

      please don’t dare them

      • John Ruff

        I’m sure they’ll be just as susccessful as they were with repealing the ACA

        • Tomcat

          They are not done with the ACA yet. We just made them made by laughing at them for failing.

          • John Ruff

            They know all their seats are at stake. At this point, reapealing the ACA will be as much political suicide as repealing Medicare. These are all distractions from trumps russiagate

          • Tomcat

            They just passed legislation that allows internet providers to sell all your information to anyone they want. This was a bill hated by over 78% of country so it would seem they do what they want in the new world order of trump.

    • Tomcat

      Working on that this very minute.

    • Dot Beech

      What’s Congress going to do? Confirm Neil Gorsuch who will be the 5th vote to over turn this decision by the 7th Circuit.

      Well, you asked.

      • John Ruff

        He’ll be filibustered, we hope.

      • BobSF_94117

        5th? More likely 6th or 7th.

    • Jack

      They COULD pass a definition of “sex” that excludes “sexual orientation.”

      • John Ruff

        They’re not that clever

  • Tomcat

    trump was asking Tillerson if NK has any oil fields, what do you suppose he meant by that? We should have kept Iraq’s oil.

    • Dreaming Vertebrate

      Dumpf: They have a lot of coal. We should take that too.

      • Tomcat

        Yummy, black lung GOOD FOR AMERICA.

        • Tomcat

          Now if we could just get back to making children work the mines.

          • Dreaming Vertebrate

            Dumpf: And not just children. If old folks want their Medicare, they better work the mines too. #MAGA

          • Tomcat

            Us old folks are going to do the right thing and lie down and die like they want us to.

          • Tomcat

            Our fight is gone from the body.

  • TheManicMechanic

    I honestly am not sure how to take good news for our side these days. I mean, wow, this is incredible. But with things going the opposite way lately, will I (we) be in for certain disappointment at the hands of the Repug scum?

    • CB

      Sadly, I share your skepticism, and it weighs on me, but whatever comes, this is a ray of hope.

  • DumbHairyApe

    Won’t really matter after the so-called president of the United States nukes the world.

    • MikeBx2

      Enjoy the moment. May be all we have left.

    • John Ruff

      You know they gave him dummy codes. Right?

      • Sam_Handwich

        he thinks the password in pu55y69

        • johncAtl

          If you say ’69’ around Melania she gets deathly pale.

        • John Ruff

          I can see the Generals snickering now.

  • Sam_Handwich

    i’m curious about something

    in the case of an en banc appeal, do the original three judges participate?

    • johncAtl

      My understanding is that ‘en banc’ means all the judges are included.

      • johncAtl
        • Sam_Handwich

          well, i just looked at the ruling, and only 9 judges heard this appeal. but there are 12 judges seated on the 7th circuit court.

          so i guess the 3 were not involved. after all, they already heard and ruled on the case, based on all the same evidence and arguments

          • johncAtl

            Probably vacations or some other conflict.

          • Ninja0980

            There are two vacancies on the court so it’s not at full capacity and the other two are senior status judges, whom never take part in en banc hearings unless they were part of the original panel.
            One of the dissenting judges (Bauer) is a senior status judge but since he was part of the panel hearing this, he got to take part in the en banc hearing.
            The other two had no say.

          • johncAtl

            I knew someone smart would come along with the right answer.

          • Ninja0980

            I’m not a law expert but I did stay at the holiday inn last night.

          • johncAtl

            LOL. But why are there vacancies? Didn’t Obama make any appointments to that Circuit?

          • Ninja0980

            He made one, David Hamilton, despite a Republican filibuster attempt (on Obama’s first circuit court nominee no less.)
            The two vacancies are there for a couple of reasons.
            One is because Patrick Leahy let Republicans abuse the blue slip.
            The blue slip is a procedure that allows home state senators to veto judicial nominations made on seats in their states.
            Douchebag Ron Johnson not only got to use his blue slip to veto a judicial nomination that was made well before he was in office but used it to block it for the next six years until Republicans took control of the senate.
            To date, the Wisconsin vacancy is the oldest circuit court vacancy in the country and all because Leahy didn’t show a spine, same with so many other judicial vacancies around the nation.
            The other vacancy occurred after Republicans took control of the Senate.. nothing that could be done about that one.

          • johncAtl

            I was kidding, but I appreciate your answer. It reinforces my lifetime hate of all things Republican.

          • Ninja0980

            Mine too.
            It also reinforces my hatred of Democrats not showing a spine when it comes to the courts.
            Johnson should have been told to take his blue slip and shove it and that the seat was gong to be filled with or without his cooperation.

          • johncAtl

            Yes. Long before Obama came along I said Bill Clinton’s biggest mistake was that he tried to play nice with the Republicans. I didn’t expect that Democrats would keep making that mistake.

          • Ninja0980

            If nothing else, the obstruction of judicial nominees happened to him too and yet Democrats did nothing when it happened again.
            They never learn.

    • Ninja0980

      Yes, all judges on a court (sans the 9th) are counted including the original trial judges.

    • Gianni

      yes

  • safari

    O/T: I know I posted about it earlier, but now that I’ve listened to some of it, I strongly recommend the S-Town podcast, from the makers of Serial and This American Life. It’s a very well done Southern Queer Gothic. https://stownpodcast.org/

  • Cuberly

    To be honest, this is the first thing that popped in my head re; O’Lielly’s boycott. He’s been one of the most despicable racists on the entire channel, and that’s saying something. I mean, we all remember his f’d up, slavery ain’t so bad schtick.

    Fox knows that his racism is what brings in his audience. Not a week goes by where he doesn’t telegraph some redneck bigot’s fears.

    We’ll see if he goes, I don’t think it’ll happen. But he should have been fired ages ago.

    https://twitter.com/Delo_Taylor/status/849355722525638656

    • Sam_Handwich

      baby steps! that’s how things work here

    • DaddyRay

      I don’t care how he is taken down as long as it happens

    • Skeptical_Inquirer

      If they were seriously skeezed, they’d avoid the entire network.

      • Cuberly

        Yup.

        Interesting how NOW, it’s a thing. I mean, Mercedes is going to miss out on all those bigoted white retirees in Florida that quite literally have Fox on 24/7? Oh, I guess Bill’O finally went too far.

        WTF!

  • Lazycrockett
  • Lazycrockett
    • Already retweeted.

    • DaddyRay

      Sexual and Roger Ailes or O’Reilly should never be in the same sentence

      We should all be able to sue for irreparable harm

  • Blake J Butler
    • johncAtl

      Nice. I’ll raise you one Orion Griffiths from Pippin…. http://www.youtube.com/watch?v=FdGSzAzLaNk

    • Bomer

      Nice but how do you put the money down his pants?

      • johncAtl

        Follow me to Swinging Richards on Friday night and I’ll show you how to tip a stripper.

      • BobSF_94117

        Quickly

  • Ninja0980

    I won’t post a link but I seriously hope homocons Richard Grenell and Guy Benson have karma visit them soon along with my cousin’s former friend who is also a homocon.
    What ungrateful POS they all are.

  • Blake J Butler

    Hey, she chose the life. Remember that, no one held a gun to her head to take a job in daddy’s administration, unless daddy holds a gun to her head during………. you know what he likes to do…

    And yes that is a Sopranos reference.

    https://scontent-dft4-1.xx.fbcdn.net/v/t1.0-9/17800441_10154540567212549_7081301643685682437_n.jpg?oh=169380e8e94ad31af12709a607561e75&oe=5998AFED

    • johncAtl

      Does that mean Ivanka spent $5M on a home thinking that Daddy will be in office for a full four years?

      • McSwagg

        They say you should buy only if you plan to live in the house for at least five years.

    • BobSF_94117

      Apparently the Kushner-Trumps are profoundly inconsiderate neighbors.

      Who’d a thunk it?

      • Skeptical_Inquirer

        They’ll probably have a block party if/when Jared and Ivanka move out.

  • Lazycrockett

    https://twitter.com/BuzzFeedBen/status/849441447195676672

    Do none of these fools write their own stuff?

    • Treant

      Plagiarism has done in many a candidate for many things. Let’s hope it works this time–it tends to be the bridge too far for many.

    • DaddyRay

      Melania is ok with it

    • Sam_Handwich

      another grand reason for senators to reject him

    • CB

      Well, perhaps he’ll copy from RBG if he doesn’t have the intellectual capacity on his own.

      • DaddyRay

        Well certainly not Clarence Thomas

        • johncAtl

          He’d have to wake Clarence up first.

    • Politico and Buzzfeed are underplaying this.

      Gorsuch engaged in plagiarism. What makes this worse than merely sloppy, mis-attributed copy-paste-edit-slightly writing is this was part of a book, for which he no doubt received advances and royalties.

      For a judge to engage in this kind of unethical and illegal behavior is unacceptable, especially for someone who wants a seat on the highest court in the U.S.

      https://twitter.com/aravosis/status/849471718372638720

  • Sam_Handwich

    anyone else getting an error message with JMG homepage?

    • safari

      Yes. I’ve seen it before; it usually clears pretty quickly.

      • DaddyRay

        I get errors when I view JMG on my iPhone and it reloads the page several times – it is pretty frustrating

        I don’t have any problems on my desktop

        • safari

          The current error that (Sam and?) I were getting was a 500 Internal Server Error.

          • DaddyRay

            I have seen that error when loading JMG for the first time, if I do get it to load i am fine after that doesn’t happen as often as my iPhone issue

          • Lazycrockett

            Ditto. I haven’t seen a 500 one before on this site.

          • Sam_Handwich

            yup

        • johncAtl

          JMG on my iPhone has become unusable with all the page reloads. Firefox Focus works great. The only downside is it was made to be an anonymous user, so it doesn’t save URLs and logons – at least as far as I have found.

          • DaddyRay

            Does that mean you have to re-login to Disqus every time you want to post?

          • johncAtl

            No, you stay logged in until you leave Focus…. i.e., don’t press the home button.

    • That_Looks_Delicious

      Not right now.

    • Snarkaholic

      Twice.

  • MikeBx2
    • johncAtl

      Ooooooh….. I like that.

    • Sam_Handwich

      that’s a pretty damn good talking point!

    • Ninja0980

      Buuurrrnnnn.

    • Sam_Handwich

      “we need to see first-hand just how devastating taxes are for billionaires”

    • DaddyRay

      I heard that there are protests planned for Tax Day

    • DaddyRay

      Every Democratic controlled state should be passing laws requiring 5 to 10 years of Tax Returns being released before a presidential candidate can get on their states ballot

      • johncAtl

        That, or building walls around the state. It’s been said for years that there needs to be a wall built along I-285 in Atlanta to enforce ITP vs OTP. (ITP= inside the Perimeter (beltway), O= outside).

  • Ninja0980
    • The_Wretched

      Absent right wing ideologues, we get obviously good cases like Obergefell and the one in the OP. It’s not just gay right either, a fair judiciary makes life better for everyone by creating workable equitable rules. That’s why the RWNJs hate honest judges.

  • Sam_Handwich

    Sen Jeff Merkley has been speaking non-stop on the senate floor since 6:46pm, RE Gorsuch

    it’s not a filibuster

    https://www.c-span.org/video/?426283-101/senator-jeff-merkley-continues-marathon-floor-speech-senate-debates-gorsuch-nomination&live

    • Lazycrockett

      He is going all night.

      • Ninja0980

        Good for him.

        • Lazycrockett

          This “administration” is making some metal out of some Dems. Gillibrand is also showing some steel.

          • Ninja0980

            The marriage equality battle in 2011 likely helped too.
            I know for many folks here, they got to truly see the ugly come out for that, and are now doing their best to ensure that is prevented as much as possible elsewhere.

  • Ninja0980

    Seeing some folks suggest Kristen Gillibrand should run for office.
    I’m on board with that as long but folks suggesting Andrew Cuomo… F to the U to the C to the K no!
    Wayyyy too much baggage with him despite him being good on LGBT issues etc.

    • johncAtl

      Good candidate, but she would have to work hard to become well known by 2020.

    • canoebum

      I like her just where she is, thank you. I’m all in for Al Franken. Andrew Cuomo…never!

  • Blake J Butler

    We now have a watchdog site dedicated to tracking HUD secretary “Dr.” Stabby’s every move and hold him accountable for anything he does in his position.

    https://twitter.com/Carson_Watch/status/849378261260001280

    http://carsonwatch.org/

  • Sam_Handwich

    Jeff Merkley just said there are three reasons not to vote for cloture:

    the seat was stolen
    there’s a huge cloud of illegitimacy over this presidency
    the judge has repeatedly engaged in rewriting the law

    ….and then adds today’s report from Politico about Gorsuch plagiarizing
    http://www.politico.com/story/2017/04/gorsuch-writings-supreme-court-236891

  • Sam_Handwich

    Daisy has bigger tits, hon. kthxbai

    • Lazycrockett

      and she swallows.

      • DaddyRay

        You can tell because her adams apple moves

        • Lazycrockett

          Both of you are sick and disgusting.

          • DaddyRay

            Thank you

          • johncAtl

            Those characteristics get upvotes from me.

          • Adam King

            Yay!

      • johncAtl

        Does she have a brother (with smaller tits) that swallows?

    • The spammers are really getting bad lately.

      • DaddyRay

        Flag and Block

        • Sam_Handwich

          no b00bs for you, DaddyRay!

          • DaddyRay

            I have been trying to diet and lose the manboobs

          • johncAtl

            Will you still be a bear if you lose your manboobs?

          • DaddyRay

            oh yeah – the gut is the last place I lose weight

          • johncAtl

            I’m coming to Chicago for work the week after next, but unfortunately I won’t make it into the city. I’m stuck in Elmhurst. As Donnie would say…..sad.

          • DaddyRay

            I live on the north side

          • DaddyRay

            Elmhurt has some nice areas

          • johncAtl

            Really, any good places to go have a cocktail? I’m done about 4pm on Tuesday and don’t have to be at O’Hare until about 11am Wednesday.

        • -M-

          Flag, Report, and Block.

          • The_Wretched

            Down vote, flag, report and block.

            Oh, I’ll just come in again.

  • Richard B

    In a time when our politics are dysfunctional, disappointingly unwilling to serve the needs of the many and are only devoted to serving the needs of the few most wealthy, our courts surprise us with some sweet long awaited justice.

    This should put the bitter religious liberty troglodytes in a tizzy for a long while.

    https://uploads.disquscdn.com/images/528a0d7333f7305e741328f5bf96904b72dac89beec5da73eae36fefb217b806.jpg

  • McSwagg

    Just finished watching The Manchurian Candidate on ThisTV. I’d not seen it before. Eerily appropriate considering current affairs with the TrumPutin Regime.

    • DaddyRay

      I saw it the other night much better ending than real life

      • McSwagg

        There’s always hope. Barak and Michelle taught us that.

    • Lazycrockett

      I have tried several times to get through that movie, but for some reason I just get bored and do something else. I think its cause I’m just not a Sinatra fan.

      • McSwagg

        It does progress slowly through the first two thirds.

      • canoebum

        It’s actually one of his better movie roles.

  • DaddyRay

    Off to hibernate – good night all

    • johncAtl

      Good night DaddyRay.

  • Blake J Butler
  • Well guys & gals, time for me to head out. G’nite, stay frosty.

  • Sam_Handwich

    this is really bad. the graphic says it all

    https://twitter.com/christinawilkie/status/849466954549260292

  • Bryan

    Can I take the increased troll traffic to my posts as a sign I’m finally popular enough to be worth suppressing? -waves- Haiii Vladdy~

    Hey, hey Vladdy. Do the movie thing. Get your serious face on and say “Engine. Start.” …..and then fall into a ravine and die.

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    • Lars Littlefield

      Nancy, your tits aren’t real.

      • johncAtl

        Mine are…sigh. Getting old sucks.

        • Colonel Panic.

          Only one thing worse than getting old.

          • blackstar

            says who? 🙂

  • Max_1
  • KnownDonorDad

    Judge Richard Posner was on point, as usual. From Mark Joseph Stern’s column in Slate:

    “You seem to think that the meaning of a statute is frozen, or the meaning of a constitutional provision is frozen on the date of enactment,” Posner says. “Is that your position?”

    But Maley can’t really respond to that one, either, because Posner supplies the answer: “Of course that’s false.” He then notes that Congress passed Title VII in 1964. “That’s a long time ago in terms of how people thought about sex,” Posner reminds Maley, “and in particular, how they thought about homosexuality. So you think we’re bound by what people thought in 1964?”

    • The_Wretched

      He’s great in his public statements and several bold but well supported positions he’s taken legally. He really can’t stand BS.

  • JCF

    Ugh, but is this just in time for a Gorsuch SCOTUS to trash it? (Sorry to be a buzzkill—I recognize that, just on its face, this is a BFD)

    • (((GC)))

      There’s a campaign to put pressure on Republican senators who haven’t committed to using the nuclear option.
      It’s still worth calling our senators TODAY! (Democratic, independent, or Republican)

      Some possibly useful talking points: https://www.indivisibleguide.com/resources-2/2017/2/7/combat-donald-trumps-arch-conservative-scotus-pick

      • Skeptical_Inquirer

        The problem is that the GOP pols think if the Dems ever get back into power, the Dems won’t play hardball and will do the stupid kumbaya thing instead of cramming in as many liberal judges in as possible as payback. The problem is that the Dems haven’t given them much reason to think they’re wrong.

        • customartist

          Conservatives do not understand, or acknowledge, the 9th Amendment.
          They read the first one or two Amendments, and that’s all the reading they need to do. They’re satisfied. “I got mine – to hell with everyone else!” Is the mindset.

  • Hue-Man

    O/T More good news!
    Tent City, infamous home of inmates who wear pink underwear and major piece of Arpaio’s legacy, is closing
    http://www.azcentral.com/story/news/local/phoenix-breaking/2017/04/04/maricopa-county-sheriff-paul-penzone-tent-city-closing/100023562/

    • safari

      Former Sheriff Joe’s lawyer also quit is legal team citing ethics for the reason of his departure. Former Sheriff Joe faces contempt of court charges.

  • Max_1
  • Kathleensbradley

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  • Robert Anthony

    Excellent news.

  • labman57

    Christian conservatives and other homophobes insist that they are not beholden to federal laws or decisions handed down by the higher courts, as they are commanded by “God’s Laws” to condemn and persecute the gay community.

    • TallBearNC

      That falls under: TOO BAD

      LOL