NEW ORLEANS – Lawyers in a Texas case filed a brief last week arguing that the U.S. Supreme Court’s ruling in Bostock v. Clayton County, in June of 2020, does not apply to bisexual men. In that ruling the High Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.
Lawyers for Braidwood Management, a business owned by hardline anti-LGBTQ activist Steven Hotze, and Bear Creek Bible Church in Keller, Texas, argued in their brief that “An employer who discriminates on account of an employee or job applicant’s bisexual orientation (or conduct) cannot engage in ‘sex’ discrimination as defined,” the lawyers wrote, “because that employer would have taken the exact same action against an identically situated individual of the opposite biological sex.” In other words, employment discrimination based on sexual orientation or gender identity does not apply to bisexuals — as long as bi men are being discriminated against “on equal terms” as bi women.
The Dallas Morning News reported the brief was filed on the day it was due, Sept. 21, by former Texas solicitor general Jonathan Mitchell and Gene Hamilton, with the Trump affiliated American First Legal, are representing the plaintiffs. midway through Bisexuality Awareness Week.
The Dallas Morning News noted that:
Mitchell sued the U.S. Equal Employment Opportunity Commission in 2018, arguing that employers with religious objections should be able to hire...
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