What A Day - Pride And Joy

Episode Date: June 16, 2020

Yesterday the Supreme Court ruled that the Civil Rights Act protects LGBTQ+ employees from workplace discrimination in a 6-3 ruling. This is the first major case involving transgender rights, and it comes from a decidedly conservative court. We get into what it means, and how we got here.Plus, the latest on coronavirus, where cases are on the rise and how states and business are reacting.And in headlines: BLM protestor Oluwatoyin Salau found dead in Florida, hummingbirds see secret colors, and Christopher Nolan’s ‘Tenet’ delayed at movie theaters. Akilah & Gideon’s book recommendations: Obviously: Stories From My Timeline by Akilah HughesWow, No Thank You by Samantha IrbyGo Tell It On The Mountain by James BaldwinPatsy by Nicole Dennis-bennWhere to buy: The Lit Bar: thelitbar.comBlack-owned independent bookstores: lithub.com/you-can-order-today-from-these-black-owned-independent-bookstores/

it's tuesday june 16th i'm akilah hughes and i'm gideon resnick and this is what a day where we're wishing a happy pride month to justices alito thomas and kavanaugh yeah i mean you're not like invited to any events or celebrations or anything ever again but you know happy pride nonetheless sorry you guys weren't able to ruin the entire month. Yeah, sucks to suck. On today's show, a major step forward for LGBTQ plus rights at the Supreme Court. We'll get into that decision and what it means going forward and then some headlines. This is an incredibly big deal. And it's the result. I think what makes it a big deal is naming the fact that it is the result of people actually rising up and demanding to be seen and

named. That was Chase Strangio, the ACLU's Deputy Director for Transgender Justice and one of the attorneys from the legal team that was part of yesterday's landmark civil rights ruling. He spoke to Pods of America yesterday following the decision, and we're going to hear more from him in a bit. But first, let's catch up on this story. So yesterday, the Supreme Court determined in a 6-3 ruling that the Civil Rights Act protects LGBTQ plus employees from workplace discrimination. This is hugely significant. It's the first major case involving transgender rights, and it comes from a decidedly conservative court. So let's jump into some of the legal details here. Yeah, so we saw Justice Neil Gorsuch, yes, that one, the Trump-nominated one,

and Chief Justice John Roberts joined the liberals on the court to reach this ruling, hence that 6-3 that you mentioned. And the question before the court was whether Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination, quote, on the basis of sex, also applies to LGBTQ plus employees. In other words, even though that law does not explicitly mention sexual orientation or gender identity, is discrimination against LGBTQ plus employees a form of sex discrimination in and of itself? The court decided yes, in fact, it was. So one way to think of this, if Jill is allowed to get married to a guy over the weekend

and then keep her job, then Jack should also be allowed to get married to a guy over the weekend and keep his job. To fire Jack would be discriminating against him on the basis of his sex. Yeah, and this is a little wonky, but the legal strategy here hinged on something called textualism.

It's a judicial philosophy that Gorsuch believes in where you simply examine the plain text of a law. You don't really try to interpret it at all. You just, you know, read it and say that's what it means. So, yeah. Yes, exactly. And Strangio from the ACLU said that they very much built their case and argument around the plain text of the law in order to win over Gorsuch, knowing that he was going to think that way. So checkmate on their part. And Gorsuch was equally plain in the wording of the decision, which he wrote for the majority. Here's one of his quotes. Quote, it is impossible to discriminate against a person for being

homosexual or transgender without discriminating against that individual based on sex. So that wording, though, is really a rebuke of the Trump administration's position. We saw Trump's health department as recently as last Friday in that HHS rule that they released argue that sex discrimination does not apply to LGBTQ plus individuals. That's right. We love a new precedent. Well, I want to get into all the impacts of the ruling. But first, let's just delve into the actual cases behind this and the people that brought this issue to the court. Yeah, absolutely. They're super, super important to this. The argument rolled together three different cases. So first, there were a pair of lawsuits from gay men who said that they were

fired because of their sexual orientation. In one, Gerald Bostock contended that he was fired in his role as a child welfare coordinator in Georgia after he joined a gay softball league. In the other one, Donald Zarda, a skydiving instructor, was fired after a woman said she was concerned about being strapped to him for a tandem dive. Side note here, maybe I'm dumb, but was she just going to try that on her own and leap out of the plane?

Also, like, weird to have fears when you're jumping out of a plane, but I digress. Yeah. So he had allegedly told her in this exchange that he was, quote, 100% gay as a means of reassurance and was fired afterwards. Yeah, and then there's the case of Amy Stevens, who was fired after telling her employer that she was a trans woman. That's right. So Stevens worked at a Michigan funeral home for many, many years and was let go as a direct result of her choice to come out as trans. So Stevens sadly passed away last month, and she did see the case, though, argued at the Supreme Court last October.

And prior to her death, she prepared a statement with the ACLU about the ultimate victory she hoped for but did not live to see. Here is part of what she had to say. Quote, firing me because I'm transgender was discrimination, plain and simple. And I am glad that the court recognized that what happened to me is wrong and illegal. I'm thankful that the court said my transgender siblings and I have a place in our laws. It made me feel safer and more included in society. Just a really powerful statement to have out there, and I'm glad we were able to read it and share it. Like Stevens, Don Zarda also didn't live to see the decision either, but his case will make a difference now for millions of others. Yeah, it's just incredibly powerful,

especially, you know, to see this all happen during Pride Month. All right. Well, in terms of what this all means, of course, now LGBTQ employment discrimination is outlawed across the country. That wasn't the case in nearly half the states before yesterday. So again, this is a very big deal. Right. Yeah. And crazy that that was the case. But now everyone across the country is protected when it comes to Title VII. This is far from the end of the story, though. These employment protections could be chipped away at with things like religious exemptions, which Gorsuch has a history of granting. Also, there are, of course, other areas where LGBTQ plus people face discrimination outside the workplace, ranging from housing to whether trans athletes can participate in sports at various schools to

healthcare. So the ruling here gives a lot of power, though, to people to say those instances of discrimination are also covered by statutes that protect against sex discrimination. Here's what Chase Strangio had to say about where this goes next. We're going to continue to have to litigate the meeting and application of this decision, though it is incredibly strong and will be incredibly important in the context of trans students and in restrooms, there's cases pending in the lower courts, athletics, we're litigating several cases in the lower courts. So as to just the legal future itself, there is a lot more to resolve. And then I just, I would be remiss if I didn't mention that the law, you know, the formal mechanisms of the law only protect people so far.

And there are black and brown people dying every single day because they're LGBTQ and because they're black and because they're brown. And so I think two black trans women were murdered this week. You know, will this law stop that? You know, will this decision change that? Not on its own terms. I mean, you know, and so I think ultimately, you know, this, this is just a part of the fight. That's right. So like you said, there's still so much work to be done. But for now, this ruling is a step in the right direction. And by the way, definitely check out Monday's

episode of Pod Save America for the full conversation with Strangio about the case and where things go from here. But Akilah, that obviously was the big decision yesterday from the Supreme Court, but not the only one. Catch us up on some of the other news out of the court from yesterday. Yeah, it was a very busy day. Some of the biggest news we got from the court had to do with what cases they're not gonna hear

for the next term. For one, SCOTUS said they're not going to take a case about the qualified immunity doctrine that shields police from misconduct lawsuits. A recent Reuters study found that cases similar to those of Breonna Taylor and George Floyd were thrown out of court on the grounds that there was no clearly established court precedent forbidding the conduct by police. So this is a major blow to all of us looking for that precedent to be set by the courts. We might have to see Congress actually take up the issue to move it

forward. SCOTUS also said that they are not going to take up the Trump administration's sanctuary city case that would attempt to force states and local jurisdictions to do ISIS bidding. The Immigration and Customs Enforcement Agency's loss is a big win for communities of color in every state that are already burdened by racial profiling from law enforcement. So that's a little bit more good news. And they also, you know, SCOTUS is like not going to hear some pretty important guns right cases. But I do believe that is worse for the Second Amendment gun nuts than it is for us. So. All right. So on Mondays and Thursdays for the next few weeks, the Supreme Court is going to be releasing more decisions. They've got some big cases left to decide, including DACA protections, abortion access and whether Congress and courts can subpoena Trump's financial records.

Yeah, just the little things. So we'll be checking back on SCOTUS very soon. But let's talk for a little bit about COVID-19, which is still very much happening. Yeah, it is still definitely happening, whether your city is acting like it or not. So disease experts are warning that the virus isn't going anywhere. We still do not have that vaccine that everybody wants. And because of that, the reopenings that have been taking place nationwide really might be short-lived, at least in some places. A handful of bars in Florida are already starting to close again after the State Department of Health confirmed record increases in virus diagnoses.

And in addition to Florida, Texas and Arizona continue to report their highest case numbers yet, which is a big mindfuck if you see all of these people out and about on Instagram having brunch. California Governor Gavin Newsom is considering more mitigation efforts for Los Angeles County after last week's spike in cases. And finally, the FDA removed the emergency authorization of hydroxychloroquine for treating COVID-19 after reviewing the data that has existed this whole time that says the side effects are too dangerous to make up for the very loose evidence that the drug helps fight this coronavirus. And that's the latest for

now. It's Tuesday WOD Squad, and it is time for a temperature check. One thing that's got us feeling good temperature-wise is the Black Publishing Power Initiative that was launched this week by Amistad Books. The idea is to black out bestseller lists by encouraging people to buy two books by Black writers, even better if they get them from a Black-owned bookstore instead of buying them from, you know, the big scary person in the room, Amazon. So Giddy, off the top of your head, do you have any suggestions for someone who needs a really good book? I am very bad at book recommendations because I'm a very bad reader. But I did buy about six or seven books earlier from this place called the Lit Bar in the Bronx, which I didn't know about until today. But it is one of the only if not the only independent bookstores in the entire Bronx. Wow. Yeah. And it's insane. And it's owned by a black woman who started it when she was like,

realizing it's pretty fucked up that there isn't a lot of bookstores in a major borough. But two of the ones I got, Go Tell It on the Mountain by James Baldwin, Patsy by Nicole Dennis-Benn. I have read neither of them. I hope to read both of them when and if they arrive. Amazing. Well, that's really good. James Baldwin is a great place to start. And, you know, good looking out for Nicole Dennis-Benn. Yeah, I didn't know that there were that few independent bookstores in New York of all places. So that is pretty bleak. Yes, it made me really sad.

It also made me sad that it's not open because it sounds like you can also get drinks and just like hang out there. So yeah, it seems like... Imagine the time when we can go to bookstores again. I know. Hopefully at some point soon. But same question for you. What have you bought recently? What are you thinking about getting?

Yeah, for sure. I mean, I have bought some good black books lately. My favorite one, the one that I'm currently reading, and I love her, Samantha Irby is so, so funny. So her latest book is called Wow, No Thank You. It is so, so, so, so, so funny. They are essays, and the way she talks about her own life is just uproarious. Everyone will laugh at this. I guarantee you, like, it doesn't matter if it seems so far out of your wheelhouse, definitely check out that book. And you know, I got to say, I know this girl, Akilah Hughes, who wrote a book called Obviously Stories from My Timeline. And I kind of think that people should buy that book. There's a really great chapter about what racism feels like when you're like a 15 year old girl.

And I recommend, yeah, 10 stars, 10 stars out of five. That's how good Akilah, her book is. Yeah, it's great. This person sounds very interesting. And yeah, I think it's definitely worth everybody, you know, checking it out. I agree. I totally feel that. And you know what, just like that, we have enriched ourselves and checked our temperatures. You know, we're going to check in with you all again tomorrow, but please go get some books, support Black Books. Let's wrap up with some headlines. Headlines.

19-year-old Black Lives Matter activist Oluwatoyin Sulu was found dead on Monday, a week after she was reported missing. She disappeared around June 6th, shortly after posting details about being sexually assaulted on Twitter. Her body was found along with the body of 75 year old Victoria Sims. Police are launching an investigation into their deaths and currently have a suspect in custody. Many have criticized the police for not intervening sooner to potentially save her life. Salu was seen speaking at recent protests demanding justice for all black lives. Her friends described her as a vocal, spiritual, and loving person. So sad, just 19.

Philippines journalist Maria Ressa was found guilty of a charge called cyber libel yesterday. She's known for her reporting on corruption inside President Rodrigo Duterte's right-wing administration and his brutal war on drugs. Duterte is decidedly not a fan of Ressa and her independent news website, Rappler. His government has arrested her multiple times in the past few years for publishing exposés on officials with corrupt ties. So a lot of people. In the latest attempt to take Ressa down, the government claimed that an article Rappler published back in 2012 was illegal, even though the cyber libel law wasn't passed until 2014. Ressa and a colleague could face between six months and seven years in prison, but it's very likely that they will be bailed out

as they wait for their appeal. Lawyers say the charge is yet another attack on the freedom of press in the country. Yeah, dark stuff. A new study shows hummingbirds see a wide variety of colors that people can't even imagine. No wonder hummingbirds look so tense. They spend their whole lives just tripping balls. While human eyes have three cones corresponding to red, green, and blue, hummingbirds have a fourth cone that's sensitive to ultraviolet light. Now that's been known for a while, but on Monday, scientists at Princeton published the first proof that hummingbirds can use their extra cones to distinguish colors like UV plus green from green, even though those colors look identical to us idiots. To get a sense of how dramatically this might alter a hummingbird's

vision, scientists analyzed data sets of bird plumage and plant colors and found that hummingbirds see over 30% of both in colors humans can't even perceive. I'm no bird scientist, but I bet they can also taste extra flavors too, considering they have incredibly long mouths. Yeah, man, I wish I had a fourth cone. All right. Film buffs who were planning to get their minds blown by Christopher Nolan's Tenet

can hold onto their sanity for a few weeks longer. The film's July 17th release date has officially been pushed to July 31st. I'll be checking it out in theaters in the only safe way I know, from inside a giant bag of Sour Patch Kids without any air holes. Tenet was set to be the first major movie release since the pandemic hit, which would help the industry gauge the public's appetite for sitting in a crowded movie theater.

Now the live-action movie Mulan is slated to be the test case, but that could change if Disney decides to push the film's July 24th release date. The 2021 Academy Awards show has also been pushed back one month to give studios more time. It's still early, but I'm thinking Gal Gadot's Imagine video for Best Picture and the I Take Responsibility video for every other category. Please, God, no, we've had enough. Yeah, never again. All right. And those are the headlines that is all for today if you like the show make sure you subscribe

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I'm Akilah Hughes. I'm Gideon Resnick. And please help us get out of this bag of Sour Patch Kids. We're trapped. It was enjoyable at first, but they've turned mean. It burns a little bit. What a Day is a product of Crooked Media. It's recorded and mixed by Charlotte Landis.

Sonia Tunn is our assistant producer. Our head writer is John Milstein, and our senior producer is Katie Long. Our theme music is by Colin Gilliard and Kashaka. you