[V]ermont Attorney General TJ Donovan joined 15 other attorneys general from across the country in issuing a legal brief last week that moves to make discrimination based on sexual orientation illegal under federal law.
The brief addresses a decision by the U.S. District Court for the Eastern District of Missouri on a discrimination case after the finding that federal law does not offer protection based on sexual orientation. It calls on the 8th U.S. Circuit Court of Appeals to review the district court’s decision based on decades of precedent and “common sense.”
“The attorneys general urge the court to join a growing number of federal appellate courts in recognizing that Title VII’s workplace protections extend to sexual orientation,” a press release from Donovan’s office states.
Donovan was joined by attorneys general from Illinois, Iowa, Minnesota, California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Virginia, Washington and the District of Columbia.
The case that spurred the district court decision was Horton v. Midwest Geriatric Management. Last year, Mark Horton sued the management company because they withdrew a job offer after finding out Horton is gay.
Horton has argued for a broader interpretation of sexual discrimination, and his cause has been taken up by gay and lesbian rights advocates.
“It’s impossible to discriminate against someone based on their sexual orientation without also discriminating against them based on their sex,” Christopher Stoll, an attorney for the National Center for Lesbian Rights, said in a press release.
In dismissing the case, judges argued that Title VII does not include sexual orientation as a protected status, citing precedent from a 1989 case in which the court found that “Title VII did not prohibit discrimination against homosexuals.”
Horton lived in Illinois, where sexual orientation is a protected status, but worked in Missouri, where it is not. The attorneys general who signed the brief said this gives them a vested interest in making sexual orientation a federally protected status because states cannot protect residents who work in other states.
“Moreover, even in States where sexual orientation discrimination is prohibited, Title VII plays a complementary role by making additional remedies and resources available to victims of discrimination,” the brief said.
Dana Kaplan, executive director of Outright Vermont, said it’s important that state officials look beyond state borders at federal systems in order to bolster protections for Vermonters.
While Vermont law protects people from discrimination based on perceived or actual sexual orientation and gender identity, pushing for more progressive federal laws is an important part of supporting the LGBT community, he said.
“If we can improve any systems, policies and laws that say ‘we see you, you matter, and your identity is valid,’ that’s important,“ Kaplan said.
Natalie Silver, spokesperson for the attorney general’s office, said that Donovan often looks to use his position to address civil rights violations elsewhere in the U.S.
“We’re doing something pretty fundamental here,” she said.
Correction: Horton v. Midwest Geriatric Management was decided by the U.S. District Court for the Eastern District of Missouri and is being appealed to the 8th U.S. Circuit Court of Appeals. An earlier version of this story incorrectly said the decision was issued by the 8th Circuit court.
