EEOC Rules Gender Identity Disorder Discrimination Is Covered by Title VII
EEOC Rules Gender Identity Disorder Discrimination Is Covered by Title VII
Written By David E. Smith   |   04.27.12

An Equal Employment Opportunity Commission (EEOC) ruling that gender identity is covered by Title VII’s prohibition against discrimination based on sex is being hailed as a ”sea change’ by transgender activist organizations. But an attorney for Liberty Counsel Action notes that the 1964 Civil Rights Act was never intended to cover gender identity and the ruling “basically says that a Bible bookstore owner, for instance, could not turn away a homosexual, cross-dressing man, a man who likes to wear a miniskirt and lipstick….”

You may remember Laurie Higgins’ articles identifying Georgetown law professor Chai Feldblum, a lesbian activist who became President Obama’s appointee to lead the EEOC.  Laurie pointed out that Feldblum sees the battle between “gay rights” and moral opposition to homosexuality as a zero sum game.  One side will win, and the other will lose.   Feldblum is on record saying: 

“Sexual liberty should win in most cases.  There can be a conflict between religious liberty and sexual liberty, but in almost all cases the sexual liberty should win because that’s the only way that the dignity of gay people can be affirmed in any realistic manner.”  And yet when push comes to shove, when religious liberty and sexual liberty conflict, she admits, “I’m having a hard time coming up with any case in which religious liberty should win.”

Of course, Feldblum is correct.  Religious freedom and special homosexual so-called “rights” cannot co-exist. 

Passage of nondiscrimination legislation – specific to sexual orientation – has been attempted since 1974 in the U.S. Congress. Currently, several bills promoting ENDA are circulating in the U.S. Senate and House of Representatives promoting ENDA.  Homosexual activist and U.S. Representative Barney Frank (D-MA) is the chief sponsor in the U.S. House. 

Passage of ENDA and other similar bills would expand federal employment nondiscrimination law by defining “gender” to include a person’s real or perceived sex.   Although language in the federal legislation would currently exempt religious “organizations” and the military from ENDA laws, significant legal wrangling will ensue regarding the definition of a religious organization, as pro-gay activists target disagreement with homosexual, bisexual and transgender “rights” as hate speech.
Peter Sprigg, senior fellow for policy studies at the Washington-based Family Research Council, said the EEOC’s decision is misinterpreting Title VII of the Civil Rights Act.
“Those who are discriminated against because they are transgender are not discriminated because they are male or female, it is because they are pretending to be the opposite of what they really are, which is quite a different matter,” he said.
It is also important to know that “Gender Identity Disorder” (GID), which is commonly referred to as “Gender Identity,” is a diagnostic category in the Diagnostic and Statistical Manual of Mental Disorders (DSM), published by the American Psychiatric Association.  The DSM is regarded as the medical and social definition of mental disorder throughout North America and strongly influences the The International Statistical Classification of Diseases and Related Health Problems published by the World Health Organization. 

David  E. Smith
Dave Smith is the executive director of Illinois Family Institute (501c3) and Illinois Family Action (501c4). David has 30 years of experience in public policy and grass-roots activism that includes...
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