[DAILYCALLER] The case that can reaffirm Congress’ rightful role is R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, which the Supreme Court is considering in its upcoming conference on Nov. 30.
You’d be hard-pressed to find a clearer case of unelected officials replacing "sex" with "gender identity." Here, appointed members of the EEOC took it upon themselves to rewrite the law to bring charges against a small funeral home in Michigan that has been family-owned since 1910. Even more shockingly, the U.S. Court of Appeals for the 6th Circuit followed suit, not only deepening the split among circuit courts, but also usurping the role of Congress in the process.
So instead of focusing all his attention on supporting grieving families, the funeral home’s owner, Tom Rost, has been forced to appeal all the way to the Supreme Court. Tom just wants to minister to families mourning the loss of a loved one. But the EEOC has elevated its political goals above the interests of the grieving people Tom serves.
Here’s what led Tom and his family to this place: In 2007, his funeral home hired a male employee. Like all of Tom’s employees, the man agreed up front to the company’s sex-specific dress code policy. Tom’s priority is for families to focus on their loss and their grief. Its policies are crafted to emphasize professionalism and provide as few distractions as possible.
In 2013, however, the employee notified Tom that he would no longer comply with the dress code, designed to best serve the needs of grieving families. Soon, he would be dressing as woman during work hours, including those that involved personal interaction with the bereaved.
This left Tom with a choice to make: Either he could agree to let his male employee dress as a woman during work hours, not just breaking the dress code, but undermining why the dress code exists ‐ which is to assist grieving families in focusing on the healing process ‐ or he could part ways with an employee who would no longer abide by the dress code.
Tom made the best decision he could, given the circumstances. He offered a severance package, seeking to do right by his now-former employee. The law should have protected his right to do so, but in came the EEOC and its attempt to smuggle "gender identity" into Title VII.
"Sex" and "gender identity" are not the same thing. "Sex" treats whether someone is male or female as an objective fact based in biology. In contrast, "gender identity" is a fluid, non-binary, and difficult-to-define concept that reduces maleness or femaleness to subjective perceptions.
Neither government agencies nor the courts have authority to rewrite federal law by replacing "sex" with "gender identity" ‐ a change with widespread consequences for everyone. And Tom Rost isn’t alone in paying the consequences of shifting legal ground. The larger question applies to school restrooms, women’s-only homeless shelters, and women’s athletics, to name a few.
In R.G. & G.R. Harris Funeral Homes, the Supreme Court has its chance to affirm the clear definition of "sex."
Posted by: Fred ||
11/27/2018 00:00 ||
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#1
Is there any law saying you have to use a specific funeral home? Let the market decide.
#2
So, according to the EEOC, if someone was a devout Pastifarian they could insist on wearing a pasta strainer while ushering in the funeral chapel? Does the EEOC enforce a Dress Code in their own building?
#3
People who are unhappy with themselves, as demonstrated by their lack of respect and sympathy, should not be allowed to serve in positions where their "in your face" will not be appreciated.
[The Hill] Democratic Rep.-elect Alexandria Ocasio-Cortez (N.Y.) blasted former Trump aide Sebastian Gorka after he called her "an insult to intelligent ... humans everywhere."
Ocasio-Cortez drew backlash, mainly from some allies of President Trump, after comparing Central American migrants seeking asylum to Jews fleeing Nazi Germany.
"You were forced out of the Trump Admin for saying white supremacists were 'not the problem' days before Neo-Nazis in Charlottesville killed 3 people," Ocasio-Cortez tweeted at Gorka. "Pretty sure we’re on the right side of history if you’re my opposition."
"This is not about atrocity. It’s about how we get there," she added.
#1
Anyone claiming to be on the "right side of History" just demonstrates they're on the wrong side of "STUPID MORON". History doesn't have a 'right' side. History is merely what happened. You can color it with propaganda but there is no 'sides'.
#2
That's why she got elected! She's so much smarter than her constituency!
Posted by: Bobby ||
11/27/2018 9:54 Comments ||
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#3
Number one reason she got elected was a very large mouth. Maxie's replacement. Very large mouth and a very little brain. News media darling to fawn over.
[THEGATEWAYPUNDIT] All politix, all the time, day in and day out, year in and year out... Anybody up for an absolute monarch yet, to give us a couple hundred years break?
Posted by: Fred ||
11/27/2018 00:00 ||
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#1
Bernie Sanders and Alexandria Ocasio-Cortez, the communist dream team for 2020.
#2
I think the plan is to actually have an overtly marxist ticket in 2020 with the expectation that it will lose badly. The socialists can then say the only way to their dream is to bypass the ballot box and go straight up revolution.
Posted by: M. Murcek ||
11/27/2018 8:31 Comments ||
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#3
The socialists can then say the only way to their dream is to bypass the ballot box and go straight up revolution.
That's a good plan, they should run with that. Then, we can say: "See! We told you they were Communists and would stop at nothing. By any means necessary, right. Time to thin the herd!".
#6
Not enough popcorn in the known Universe to enjoy watching the other dem candidates try to trash socialism without, you know, trashing socialism in campaign debates.
Posted by: M. Murcek ||
11/27/2018 10:09 Comments ||
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#7
So is this why Hillary thinks she can make another run?
Posted by: Abu Uluque ||
11/27/2018 10:35 Comments ||
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#8
^ an absolute monarch yet, to give us a couple hundred years break?
Posted by: Frank G ||
11/27/2018 10:59 Comments ||
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#9
:Heh: I was just reading a science fiction story where, after passing the "O" Amendment to the Constitution, President Oprah Winfrey was elected to her fourth term...
...After looking at some of the Democratic candidates it doesn't seem so improbable.
#10
Typically the party in power gets re-elected because the party out of power puts up a meh, or an outright crazy candidate.
The real problem is Bernie is a crazy candidate but half the electorate has gone crazy and a selection of the other half will have PTSD over the constant attacks on Trump by then and might hope for some peace and quiet (which won't happen but people are easily fooled).
#11
I don't think the dems will be able to get away with meh. Their big money donors expect a Barry or a Beto now. They might go for Kamalamala Dingdong or Spartacus but I don't think the big money feels the Bern...
Posted by: M. Murcek ||
11/27/2018 13:11 Comments ||
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#12
Hillary was the meh candidate. This time they will go for attractive and controllable. Beto most likely although if Trump is super-popular at that time they may let Sanders run with Beto as running mate to put him in place for the followup.
[PRESSTV] A United States senator suggests President Donald Trump ...New York real estate developer, described by Dems as illiterate, racist, misogynistic, and what ever other unpleasant descriptions they can think of, elected by the rest of us as 45th President of the United States... condoned murder by dictators around the world by supporting Soddy Arabia ...a kingdom taking up the bulk of the Arabian peninsula. Its primary economic activity involves exporting oil and soaking Islamic rubes on the annual hajj pilgrimage. The country supports a large number of princes in whatcha might call princely splendor. When the oil runs out the rest of the world is going to kick sand in the Soddy national face... ’s Crown Prince Mohammed bin Salman ...Crown Prince of Saudi Arabia as of 2016.... in an international scandal involving the killing of a dissident Saudi Arabian journalist.
Maine Independent Senator Angus King said on CBS’s "Face the Nation" on Sunday that a recent statement by Trump in support of Mohammed "gives a pass to dictators around the world."
In that statement, Trump sought to argue that the US had economic and national security interests in supporting Saudi leadership despite the widespread belief that Mohammed ordered the killing of dissident Jamal Khashoggi inside the Saudi consulate in the Ottoman Turkish city of Istanbul on October 2.
"Face the Nation" host Margaret Brennan sought to obtain Senator King’s opinion on whether a decision "to trade off between US national security interests and human rights ...which are often intentionally defined so widely as to be meaningless... concerns when it comes to Saudi Arabia" was easy.
Posted by: Fred ||
11/27/2018 00:00 ||
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#1
Hmmm...where was everyone when Hillery boasted about the killing of Gaddafi? "We came, we saw, he died,"
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
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Chris gives us Mexican press dispatches of drug and gang war violence
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Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.