Virginia Restaurant Ordered To Pay $40K For Harassing Gay Server

(image via Valentin B. Kremer/Unsplash)

From NBC Washington:

A Virginia restaurant operator has agreed to pay $40,000 to resolve a lawsuit that claims its employees routinely harassed a gay server with homophobic epithets and taunted him about his sexuality.

A federal judge on Thursday signed off on the settlement between the U.S. Equal Employment Opportunity Commission and Mejia Corp., which does business as El Tio Tex-Mex Grill restaurant in Gainesville.

The commission's September 2018 lawsuit claimed restaurant employees also harassed the gay server's heterosexual friend, a busser, based on their friendship.

The settlement calls for the server and his friend to split the $40,000 payments from the company. The agreement also bars the restaurant from engaging in or condoning sex-based harassment of any employee.

The EEOC determined that the two men had legal standing to sue for discrimination under Title VII of the Civil Rights Act of 1964.

Recent court cases have found that discrimination based on sexual orientation is covered under the prohibition of “sex” discrimination under Title VII.

200+ Companies Sign Brief Asking SCOTUS To Rule Title VII Prohibits LGBTQ Discrimination

The U.S. Supreme Court has scheduled oral arguments for October 8 on whether Title VII of the Civil Rights Act of 1964 applies in banning LGBTQ discrimination.

There will be three cases regarding Title VII heard that day. The crux of the cases concerns whether anti-LGBTQ discrimination is a form of sex discrimination.

LGBTQ advocates say discrimination against gay people is sex discrimination because anti-gay bias is borne out of opposition to people who love others of the same sex.

A brief filed by the ACLU last week read, in part, "Firing a man because he is attracted to other men is like refusing to hire a woman because she has school-age children, failing to promote a woman because she is too ‘macho,’ or countenancing the sexual harassment of a man who is perceived by his coworkers to be vulnerable.”

Some court watchers say they are not overly-hopeful for a pro-LGBTQ ruling in light of Donald Trump’s choices for far-right leaning justices on the high court.

But Chief Justice John Roberts has, at times, surprised the LGBTQ community.

During arguments for the Obergefell decision in 2015, which made marriage equality the law of the land, Roberts made comments wondering if banning same-sex marriage would constitute a kind of sex discrimination.

In advance of the oral arguments, 206 companies have signed on to a ‘friend of the court’ brief asking SCOTUS to rule in favor of Title VII prohibiting discrimination against LGBTQs.

The list of companies includes big tech like Facebook, Apple and Adobe; food giants like Coca-Cola, Starbucks and Domino’s Pizza; also Uber, Zillow, MGM Resorts, Hilton, HSBC Bank and more.

The Human Rights Campaign reports the amicus brief has the largest number of business signers than any other brief filed in an LGBTQ discrimination case.

The brief reads, in part, “Even where companies voluntarily implement policies to prohibit sexual orientation or gender identity discrimination, such policies are not a substitute for the force of law.”

“Only a uniform federal rule can enable businesses to recruit and retain, and employees to perform, at their highest levels,” says the brief.

The brief was organized by several LGBTQ advocacy groups including the Human Rights Campaign, Out & Equal, Freedom for All Americans and Lambda Legal.

(h/t Washington Blade)

Catholic Bishop Told Jesuit High School To Fire Gay Teacher, School Said 'No'

Brebeuf Jesuit Prep School

The Archbishop of Indianapolis told a Jesuit high school to fire a gay teacher.

The school said 'no.'

From CNN:

A Jesuit high school in Indiana can no longer call itself "Catholic" because it employs a teacher engaged in a same-sex marriage, the Archbishop of Indianapolis says.

Archbishop Charles Thompson's decree, dated June 21, means that Brebeuf Jesuit Preparatory School in Indianapolis will no longer be recognized or identified as a Catholic institution within the archdiocese.

Thompson said the church considers Catholic school teachers to be "ministers" of the faith.

"To effectively bear witness to Christ, whether they teach religion or not, all ministers in their professional and private lives must convey and be supportive of Catholic Church teaching," the Archdiocese of Indiana said in a statement on Thursday.

In a statement, leaders from Brebeuf Jesuit Prep School said it has "respectfully declined the Archdiocese's insistence and directive that we dismiss a highly capable and qualified teacher due to the teacher being a spouse within a civilly recognized same-sex marriage."

The Rev. Brian Paulson, who heads the Midwest Province of Jesuits, said that the teacher does not teach religion and "is a longtime valued employee of the school." The teacher is not named in any of the statements.

"To our knowledge, the Archdiocese of Indianapolis' direct insertion into an employment matter of a school governed by a religious order is unprecedented," said the letter from the school's president, the Rev. William Verbryke, and two members of the board of trustees.

"This is a unique action among the more than 80 Jesuit secondary/pre-secondary schools which operate in dioceses throughout North America."

Brazil's Supreme Federal Court Criminalizes LGBTQ Discrimination

Brazil outlaws discrimination against LGBTQs

Brazil’s high court has ruled that acts that discriminate against LGBTQ people will now be included in the South American country’s laws prohibiting racism.

In an 8-3 vote, Brazil’s Supreme Federal Court agreed to criminalize discrimination against LGBTQ people.

Passed in 1989, the country's statutes outlawing racism allow prison sentences of up to five years.

USA Todayreports that Justice Carmen Lucia noted in her ruling that “the LGBT community is treated differently in Brazil’s ‘discriminatory society,’ and as a result face a higher rate of violence.”

Although Brazil legalized same-sex marriage in 2013, violence against LGBTQ individuals is common.

Grupo de Bahia, an organization that tracks LGBT hate crimes, reported in January 2018 that there were 387 murders in Brazil during 2017. All of those were directly related to homophobia or transphobia. In 2018, the number of LGBTQ people murdered rose to 420.

Activists say the increase in violence correlates to some degree with the election of virulently homophobic President Jair Bolsonaro, who took office in January this year.

Bolsonaro has made no secret the disdain he holds for LGBTQ people.

His record as a lawmaker includes a long history of anti-LGBTQ votes, and he promised to erase pro-LGBTQ and pro-women movements during the 2018 campaign.

In a 2011 interview, he told Playboy Brazilhe would prefer to have a dead son than a gay son

And the new president has also downplayed “gay tourism” in his country.

“If you want to come here and have sex with a woman, go for your life,” he told Crusoe Magazine in April. He added that Brazil “cannot be a country for gay tourism because we have families here.”

Washington State Supreme Court Upholds Ruling Against Anti-LGBTQ Florist

Homophobic florist Barronelle Stutzman

The Washington State Supreme Court has upheld its 2017 ruling which found florist Barronelle Stutzman had violated the state’s anti-discrimination laws when she refused to sell wedding flowers to a gay couple in 2013.

Stutzman’s legal team had appealed the original ruling to the U.S. Supreme Court, but last June the high court punted.

Instead of reviewing the case, SCOTUS vacated the Washington state Supreme Court ruling and ordered the state’s top court to take another look at the caseto ensure they did not rule with any religious bias.

On Wednesday, the state Supreme Court upheld its original ruling in a unanimous decision,

Washington state Attorney General Bob Ferguson issued a statement which read, “Washington state law protects same-sex couples from discrimination based on their sexual orientation, the same way it protects Washingtonians from discrimination based on their religion, veteran or military status, disability, race and other protected classes.”

The case began when Robert Ingersoll and Curt Freed were planning to marry in 2013 after Washington state legalized same-sex marriage the year before.

They approached Stutzman for flowers for their event, Stutzman refused citing her Christian beliefs.

Washington state’s public accommodation laws specifically prohibits discrimination based on sexual orientation.

Stutzman was fined $1,000 and ordered to sell floral arrangements for same-sex weddings if she were to continue selling arrangements for heterosexual weddings.

Although she cried about financial burdens due to the ongoing court case, it’s worth noting that over $174,000 was raised via crowd funding for Stutzman. GoFundMe eventually shut down the campaign based on the company’s policy that campaigns can’t be used to raise funds for legal cases where formal charges have been filed.

However, Stutzman was allowed to keep the $174,000.

Following Wednesday’s ruling, Stutzman’s attorneys (from the virulently anti-LGBTQ law firm Alliance Defending Freedom) say they plan to take their appeal (again) to the U.S. Supreme Court.

(Source: KEPR)

Brazil's High Court Rules Anti-Discrimination Laws Must Include LGBTQ People

President Jair Bolsonaro of Brazil (image via Flickr/Agência Brasil Fotografias - CC License)

Brazil’s highest court has found the exclusion of sexual orientation and gender identity from the country’s anti-discrimination laws to be unconstitutional.

Six judges on the 11-member Supreme Federal Court voted in favor of the ruling Thursday. While the other five members have not yet voted on the issue, the majority secured the court’s decision. A ruling will be issued once the remaining judges register their votes on June 5.

The ruling comes as attacks on LGBTQ people have seen a sharp increase since the election of virulently anti-gay President Jair Bolsonaro.

During the presidential election last year, Bolsonaro campaigned on a platform that was proudly homophobic. At the same time, reports of crimes against LGBTQs tripled.

Bolsonaro, whose record as a lawmaker includes a long history of anti-LGBTQ votes, promised to erase pro-LGBTQ and pro-women movements during the campaign.

He has famously declared he would prefer to have a dead son than a gay son.

And the new president has also downplayed “gay tourism” in his country.

“If you want to come here and have sex with a woman, go for your life,” he told Crusoe Magazine in April. He added that Brazil “cannot be a country for gay tourism because we have families here.”

Although same-sex marriage was legalized in 2013, local news site Rio On Watch reports Brazil is the “LGBT murder capital” of the world. In 2016, 331 LGBTQ murders were recorded which equaled one LGBT-related killing every 25 hours.

The Rio Times reports that in 2018 that Brazil had the highest number of transgender people murdered in the world.

Since 2001, anti-LGBTQ discrimination bills have been proposed in the country’s Congress, but have never been brought to a vote by lawmakers.

Brazil’s Senate is currently debating legislation would punish hate crimes based on sexual orientation or gender identity with a five year prison sentence, but a carve-out for religious beliefs is being considered for the slow-moving bill.

The inability of lawmakers to take meaningful action on the issue was, in part, what prompted Judge Luiz Fox to cast the sixth and deciding vote on Thursday.

“Parliament doesn’t act,” said Fox during the hearing, according to The Washington Post. “This is no guarantee the bill will pass, and even if it does, it can be vetoed and homophobia will continue. The judiciary must act in defense of minorities against violence by the majority.”

While several states in Brazil have laws in place to protect against LGBTQ discrimination, the new ruling by the Supreme Federal Court will be the first federal law to make LGBTQ discrimination a crime nationwide.

Gay Couple Told To Remove Pride Flag, But Other Flags Allowed To Fly?

A gay couple in Oak Creek, Wisconsin, have been ordered to remove their Pride flag from the outside of their apartment home or be evicted.

Kevin Kollman and Merle Malterer told their local NBC News affiliate they received a note from their landlord at the Country Oaks Apartments on Wednesday informing them flying their Pride flag outside their home was a breach of their lease.

They were given five days to remove the flag.

“It’s a symbol of America, it’s a symbol of our pride in America,” Kollman told NBC2. “Personally, I feel like we’re being singled out here because of what it is.”

When contacted by NBC2, the landlord said the conflict wasn’t a ‘discrimination issue’ but an issue with the appearance of the property.

According to the landlord, “No one is allowed to have flags anywhere, and it’s against the lease agreement.”

The couple was asked in January to remove a Packers flag as well.

However…

A neighbor in the apartment complex, Ken Miller, flies flags outside his apartment and hasn’t received the same written warning.

"I've been here for three years, and I've had these flags up for at least two years, and I've never had any issues with the flags," Miller said.

In the NBC2 report, several flags could be seen throughout the complex.

Kollman and Malterer say they aren’t backing down, and will continue to fly their Pride flag.

“It’s part of my house, it’s part of who I am,” said Kollman. “My neighbors don’t care - why should he?”

The couple told NBC2they are looking into possible legal action.

You can watch the video report from NBC2 here.

Texas Lawmakers Advance Bill Legalizing LGBTQ Discrimination By Licensed Professionals

Republican lawmakers in Texas approved a bill on Monday that would allow state-licensed professionals to discriminate against LGBTQ people, or anyone they want to refuse services, based on their religious beliefs.

The Austin Statesman reports that Senate Bill 17 would give professionals who are licensed by the state - like lawyers, physicians, barbers and pharmacists - the ability to turn away anyone they don’t want to serve or do business with.

The legislation includes a requirement that medical professionals treat patients who are at risk of death or serious injury. And licensed law enforcement officers would not be covered by the law.

The bill’s author, state Sen. Charles Perry (R-Lubbock), says the legislation is necessary to make sure that state licensing bodies don’t punish or retaliate against religious professionals who may take actions predicated by “sincerely held religious beliefs.”

“Living our faith does not stop when we start to work,” Perry told the Senate State Affairs Committee on Monday.

“When we see what we may perceive as immoralities, those people who hold those beliefs should be able to defend their faith without fear of losing their livelihood and their license,” added Perry.

But opponents of the bill say “sincerely held religious beliefs” are a vague concept that could ultimately excuse any unprofessional behavior.

Among those testifying at the committee hearing were a dozen members of the clergy, including Rabbi Nancy Kasten, who told lawmakers living according to religious beliefs “should never be confused with permission to use faith as a weapon against those who do not share those beliefs.”

Rev. William Knight, from the Metropolitan Community Church of San Antonio, agreed saying, “Love does not withhold care for those in need because of a difference in belief.”

The Statesman reports a “vast majority” of the nearly-60 people who showed up at the hearing opposed the bill.

But in the end, the measure was approved to the full Senate by a vote of 7 - 1. All six Republicans on the committee plus Sen. Eddie Lucio Jr. (D-Brownsville) supported the legislation. Only Sen. Judith Zaffirini (D-Laredo) voted against the bill.

But wait - there’s more!

SB 17 is just the first of many GOP-sponsored bills in the pipeline that would create new faith-based protections. Here's just a few:

• SB 1107 would give medical professionals the ability to refuse performing nonemergency treatment that offends their “sincerely held religious beliefs.”

• HB 1035 would allow any marriage-related business to legally turn away same-sex couples, give county clerks the ability to opt-out of issuing marriage licenses to same-sex couples, revoke any ordinances that require providing trans-friendly bathrooms, and protect religious groups who refuse to hire anyone whose beliefs don’t align with their own.

• Similarly, HB 4497 would bar local municipalities and state agencies from punishing any business or professional who decline to provide “marriage-related goods and services.”

• SB 1978 would prohibit state agencies and local governments for taking “any adverse action” against those who may discriminate thanks to their “sincerely held religious beliefs.”

• HB 4357 would protect any faith-based counselors who practice so-called ‘conversion therapy,’ which purports to ‘heal’ individuals of homosexuality. The dangerous and harmful practice has been denounced by practically all major medical organizations including the American Medical Association, the American Psychiatric Association and the American Academy of Pediatrics.

(H/t Austin Statesman)

SCOTUS Says 'No' To Anti-LGBTQ Bed & Breakfast

The U.S. Supreme Court declined the hear the appeal of a bed & breakfast owner in Hawaii who refused to host a same-sex couple due to her religious objections over homosexuality.

The initial lawsuit, Aloha Bed & Breakfast v. Dianne Cervelli, stems back to an incident in 2007 when Cervelli contacted the B&B owner, Phyllis Young, about accommodations.

Cervelli indicated there would be two guests as she would be traveling with her same-sex partner, Taeko Bufford.

According to the complaint, Young asked “Are you both lesbians?” Young then refused to board the couple saying she was uncomfortable having lesbians in her home.

The couple filed complaints with the Hawaii Civil Rights Commission which found Young had illegally discriminated against the couple. Hawaii’s public accommodation law clearly bars discrimination based on sexual orientation.

The Associated Pressreportedthat Young told the commission she is Catholic and feels that homosexuality is wrong. She felt her decision to deny accommodations to the couple was protected by her right to free exercise of her religious beliefs under the First Amendment.

Lambda Legal filed a lawsuit on behalf of the couple in 2011, along with the Hawaii Civil Rights Commission as co-plaintiffs. 

In April of 2013, the Hawaii First Circuit Court ruled in favorof Cervelli.

Young appealed the ruling, and in February 2018, the Hawaii Intermediate Court of Appeals upheld the lower court’s decision.

The B&B owner tried to take her case to the Hawaii state Supreme Court, but the high court refusedthe hear the appeal last year.

In October, Young filed a petition to have her appeal heard at the U.S. Supreme Court.

As SCOTUS has declined to take up the case, Young has exhausted her legal options and the ruling by the lower court will stand.

Peter Renn, counsel for Lambda Legal’s Western Regional Office, celebrated the news.

“The Supreme Court’s decision to let the lower court ruling stand reaffirms that the freedom of religion does not give businesses a right to violate nondiscrimination laws that protect all individuals from harm, whether on the basis of race, gender or sexual orientation,” said Renn in a statement to the Washington Blade. “The Supreme Court declined to consider carving out an exception from this basic principle when a business discriminates based on the sexual orientation of its customers.”

“LGBT people deserve an equal right to go about their everyday life without the fear that discrimination waits for them around the corner,” he added.

News Round-Up: March 1, 2019

Pietro Boselli (image via Instagram)

Some news items you might have missed:

• If anyone was ever born to wear a white Speedo, it's Pietro Boselli (above).

• Drag series Canada's a Drag will return for a second season.

• Mike Pence says he couldn't be more proud of his wife teaching at an anti-LGBTQ school.

• The mayor of Fairbanks, Alaska, vetoed legislation that would have protected LGBTQ people from discrimination.

• If you wanted to see this year's 'Hottest Chorus Boys on Broadway,' you could click here for a peek.

• Meghan Markle and Prince Harry plan to raise their child in a gender-neutral nursery and environment.

• The Jonas Brothers dropped their first new music in six years at midnight last night - "Sucker."

The first round of Jonas fame was a bit too young/teeny bopper for me, but now that the guys have grown up (and so well, may I add?) I'm happy to give them a peek.

The good news is the new track is a catchy pop bop that's easy to listen to, and the video is fun with the guys and their wives/significant others playing house in a huge Edwardian mansion.

They've taken some plot points from the recently Oscar-nominated The Favourite, but I'm not getting bogged down in that while Nick, Joe and Kevin offer such 'easy on the eyes' candy.

Take a look below.

Trump Didn't Know About His Administration's 'Global Campaign' To Decriminalize Homosexuality

Donald Trump

Donald Trump appeared to be surprised his administration announced a global campaign calling for the decriminalization of homosexuality around the world.

On Tuesday, the Trump administration announced the new initiative that would address the 71 countries, primarily in the Middle East, Africa and the Caribbean, where homosexuality is illegal.

U.S. Ambassador to Germany Richard Grenell, who is the most prominent openly gay man in the Trump administration, has been announced to lead the charge to repeal anti-homosexuality laws.

But Trump seemed unaware of the campaign when asked about it on Wednesday during a gaggle with reporters in the Oval Office.

According to The Washington Examiner, a reporter broached the subject about Trump’s “push to decriminalize homosexuality around the world,” asking, “Are you doing that and why?”

“I don’t know which report you’re talking about,” replied Trump. “We have many reports.”

Vice President Mike Pence, who has a long history of anti-LGBTQ positions and policies, confirmed with The Washington Blade that he is aware of, and supports, the new initiative.

The new policy will highlight the dismal human rights record of Iran. The Jerusalem Post recently reported the public execution by hanging of a gay man in the Middle Eastern country.

Earlier this month, Pence specifically called Iran out during a speech in Warsaw, Poland.

“The authoritarian regime in Tehran represses the freedom of speech and assembly, it persecutes religious minorities, brutalizes women, executes gay people, and openly advocates the destruction of the State of Israel,” said Pence.

“The Ayatollah Khamenei himself has said, ‘It is the mission of the Islamic Republic of Iran to erase Israel from the map.’”

Some have speculated that the ‘human rights violations’ focus is an attempt to bring more European countries onboard in Donald Trump’s push to undermine the current regime in Iran.

It’s unclear how the Trump administration will broach the subject with some Middle Eastern countries who are close allies of the U.S.

For instance, Trump has shown much deference to Saudi Arabia, where being gay is punishable by death.

News Round-Up: January 31, 2019

Instagram hottie José Adones - check his moves out at the end of this post

Some news items you might have missed:

• A candidate for the Wisconsin state Supreme Court wrote just a few years ago that legalizing homosexuality would lead to bestiality. But he has no bias against LGBTs whatsoever...

• New Jersey Governor Phil Murphy has signed a law requiring school boards to use instructional materials that accurately portray political, economic, and social contributions of LGBTs and persons with disabilities. #Bravo!

• Donald Trump responded to reports of the horrific attack on Empire star Jussie Smollett telling reporters in the Oval Office today, "That I can tell you is horrible. It doesn't get worse."

• Yorke Print Shoppe in Chicago refused to print a fundraising brochure for an LGBTQ charity. The owner, Brad Scull, says he has nothing against "those people" but has an issue with promoting "the lifestyle."

Note: There is no religious exemption to Illinois's nondiscrimination law, and sexual orientation is specifically included as a protected class. So, you do the math...

• The Arkansas Supreme Court on Thursday ruled the city of Fayetteville may not continue enforcing its anti-discrimination ordinance while the city challenged the constitutionality of a 2015 law that prevents cities and counties from enacting their own LGBTQ protections not covered by state law.

• A deaf lesbian couple say Delta Airlines mistreated them when they tried to communicate with a gate agent in Detroit. The women say they wrote down their request to sit next to each other on the plane, but the agent crumpled up their note and threw it away.

• This could technically qualify as a 'Daily Dance' post, but I thought I'd leave this right here.

Florida-based dancer/entertainer José Adones (top of page) is giving you all kinds Latin flavor here. And I ain't mad :)

View this post on Instagram

Que dios bendiga el reggaeton 🎶 • • • • #canciondeedwa #christianandrew #christianandrewunderwear #reggaeton #gogo

A post shared by Jose Dones � (@jose.dones) on Jan 30, 2019 at 7:34pm PST

Settlement Reached In California Prison Lawsuit Alleging LGBTQ Abuses

(photo credit: Donald Tong via Pexels)

In 2014, a group of LGBTQ inmates at the Alternative Lifestyle Tank at the West Valley Detention Center in Rancho Cucamonga filed a federal class action lawsuit alleging hate speech by the prison guards and extreme incarceration due to their sexual orientation and/or gender identity.

According to The LA Times, attorneys for the plaintiffs now say they have reached a settlement with the San Bernardino County Sheriff’s Department.

Among the allegations raised by the lawsuit:

• Under the guise of “protection,” LGBTQ inmates were held in their cells for up to 23 hours a day

• The plaintiffs say they were subjected to derogatory hate speech and anti-gay slurs by prison guards and staff

• They were not allowed to take part in educational programs or drug rehabilitation programs

• They were unable to participate in work programs that could potentially reduce their sentences or attend religious services

The lead plaintiff, former sheriff’s deputy Dan McKibben, told the press at a 2014 news conference when the lawsuit was filed, “When you’re sworn, you’re sworn. And I took that oath.”

“These guys, every other minute, were violating that,” he added. McKibben died in 2016 before a resolution could be reached.

Veronica Pratt, a 33-year-old transgender woman, told The LA Times on Wednesday, “It was just depressing. It was demeaning.”

“It’s a struggle being incarcerated and then to have someone tell you ‘You can’t go to classes, you can’t try to better yourself’ because of your sexual orientation,” said Pratt. “It’s degrading.”

More from The LA Times:

The settlement agreement, which was filed in federal court in Riverside, would compel the county to offer more housing options for gay, bisexual, transgender and intersex inmates; lift restrictions on participation in work, educational, religious and community reentry programs; and establish a committee that will meet regularly with incarcerated gay, bisexual, transgender and intersex people to discuss their housing options.

Transgender and intersex inmates will also have the opportunity to be housed based on their gender identity.

The settlement also includes a nearly $1-million payment that will be divided among class members. And the Alternative Lifestyle Tank will be renamed the GBTI Unit — gay, bisexual, transgender and intersex.

LGBTQ inmates will still have the choice to be housed in the newly-named unit, but the new agreement dictates that they will have access to rehabilitation/education courses and any other programs available to other inmates.

A spokeswoman for the Sheriff’s Department declined to comment because the settlement has not been approved by the judge.