Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari to review a circuit court decision giving homosexuals the right to sue employers, even though Congress never authorized such suits. Ten liberal Second Circuit judges joined a decision to rewrite Title VII of the Civil Rights Act of 1964 to prohibit discrimination against homosexuals in employment. This follows a similar ruling from the Seventh Circuit.
The facts of the case involve a homosexual skydiving instructor who claimed he was fired for his sexual orientation. Our brief explains that he was fired not because he was a homosexual, but because of his inappropriate behavior towards female clients. But even if he had been fired for his “sexual orientation,” that is not a basis to bring a suit under Title VII which only sanctions discrimination based on “sex.”