Thursday, Nov 21, 2019
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 42 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
 
 
 
 
 
 
 
 
 
 




 

 
 

 

 

[Valid RSS]

click to go to advertisers website
to Section One | to Arts & Entertainment
posted Friday, December 25, 2015 - Volume 43 Issue 52
Title IX protects sexual orientation, federal judge rules
Section One
ALL STORIES
  next story
Title IX protects sexual orientation, federal judge rules

by Mike Andrew - SGN Staff Writer

A federal judge in California has ruled that Title IX of the Education Amendments of 1972 protects sexual orientation.

In doing so, U.S. District Judge Dean Pregerson reversed his previous ruling in the same case.

Title IX prohibits schools that receive federal financial assistance - in other words, most schools in the country - from discriminating on the basis of sex. It is perhaps best known as the legal foundation for girls' and women's sports.

Pregerson had previously applied a very narrow definition of 'sex discrimination' in the case of two women athletes at Pepperdine University who charged that they were harassed and driven off the school's basketball team when coaches discovered they were dating.

Haley Videckis and Layana White said that the coach wanted them off the team because their Lesbian relationship 'would cause the team to lose games,' their complaint said.

In response, Pepperdine argued that Title IX does not cover claims based on sexual orientation and that the women's allegations failed to meet the law's standard for gender stereotype discrimination.

Pregerson had previously sided with Pepperdine and dismissed the claims made by Videckis and White under Title IX.

In this latest ruling, issued December 15, Pregerson said he reversed his earlier decision because he found himself unable to distinguish sexual orientation from sex and gender discrimination.

'Simply put, the line between sex discrimination and sexual orientation discrimination is 'difficult to draw' because that line does not exist, save as a lingering and faulty judicial construct,' Pregerson wrote.

He also rejected reasoning that focuses too much on the sexual orientation of the alleged victim. That is irrelevant, he decided.

'It is the biased mind of the alleged discriminator that is the focus of the analysis,' the judge wrote.

Discrimination against two women because they are Lesbians and dating, Pregerson ruled, is essentially discrimination based on the fact of their gender.

'Plaintiffs allege that they were told that 'lesbianism' would not be tolerated on the team,' Pregerson wrote. 'If plaintiffs had been males dating females, instead of females dating females, they would not have been subjected to the alleged different treatment,' he said, concluding that the pair has a 'straightforward claim of sex discrimination.'

In his analysis, the judge cited a landmark decision by the Equal Employment Opportunity Commission (EEOC) holding that Title VII of the 1964 Civil Rights Act covers sexual orientation discrimination. Claims of discrimination on the basis of sexual orientation 'necessarily state a claim of discrimination on the basis of sex,' the EEOC said.

Doug NeJaime, faculty director of the Williams Institute at UCLA School of Law, said Pregerson's ruling is among the first to apply Title IX to sexual orientation discrimination, drawing on new interpretations of Title VII.

'In light of there being no federal antidiscrimination law for sexual orientation, it's potentially a quite significant ruling,' NeJaime said. 'We'll start to see whether other federal courts start to do this and see whether they're applying the EEOC's logic.'

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

FDA relaxes Gay blood donation ban
Half-way measure pleases no one

------------------------------
UPDATE: No evidence Hamza Warsame was beaten before fall
------------------------------
Lesbian Air Force investigator among six killed in Afghanistan
------------------------------
Religious schools may not discriminate against married Gays or Lesbians, Massachusetts judge rules
------------------------------
Discrimination against LGBTIQ people costs lives and global economic prosperity
------------------------------
Statement by President Obama on the 5th anniversary of repeal of DADT
------------------------------
Title IX protects sexual orientation, federal judge rules
------------------------------
Trans man sues Minnesota for surgery
------------------------------
I'm not a bigot; I just want to roll back Gay rights, Marco Rubio says
------------------------------
Setbacks for marriage equality in Europe: Austria, Slovenia, Romania reject relationship recognition
------------------------------
French sex-ed document stirs up furor
Mislabels Trans people, activists say

------------------------------
Greek bishop throws hissy fit over civil unions
Catholics not the only ones with bigot bishops

------------------------------
Catholic Church has at least two bishops that are not total jerks
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
BREAKING NEWS
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 
 

gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml

Seattle Gay News - SGN
1707 23rd Ave
Seattle, WA 98122

Phone 206-324-4297
Fax 206-322-7188

email: sgn2@sgn.org
website suggestions: web@sgn.org

copyright Seattle Gay News 2015 - DigitalTeamWorks 2015

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News