Civil Rights Archives - Page 5 of 7

Newspaper Editor Terminated After Blogging His Religious Beliefs

A former newspaper editor has filed a complaint with the Equal Employment Opportunity Commission claiming that the he was terminated from his job due to his religious beliefs. During his employment as editor of the Newton Daily News, Bob Eschliman earned seven journalism awards, and a total of seventy awards throughout his career. According to this recent article, despite his accomplished career, Eschliman has had difficulty finding employment since his controversial departure from the Newton Daily News.

In April of this year, Eshliman authored a personal blog post criticizing a website that is focused on rewriting the Bible to make it more gay friendly. Eshliman accused the “Gaystopo” of attempting “to make their sinful nature right with God.” As a result of the blog post, Eshliman’s former employer at first suspended him without pay and ultimately terminated his employment.

In the paper’s editorial addressing the editor’s termination, John Rung stated, “Last week, he expressed an opinion in his personal blog that in no way reflects the opinion of the Newton Daily News or Shaw Media.” Further stating, “While he is entitled to his opinion, his public airing of it compromised the reputation of this newspaper and his ability to lead it.”

Former U.S. Attorney and attorney for Eshliman, Matt Whitaker stated, “No one should be fired for simply expressing his religious beliefs. In America it is against the law to fire an employee for expressing a religious belief in public.”

If you or someone you know thinks they have been wrongfully terminated or their civil rights have been violated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Florida Judge Rules the State’s Ban on Same-sex Marriage is Unconstitutional

Aaron Huntsman and William Lee Jones have been together 11 years. The couple’s suit is one of three that is currently making its way trough Florida’s judicial system in the fight for marriage equality.

In his ruling issued July 17, 2014 regarding the couple’s right to marry, Monroe County Circuit Judge Luis Garcia stated, “This court is aware that the majority of voters oppose same-sex marriage, but it is our country’s proud history to protect the rights of the individual, the rights of the unpopular and the rights of the powerless, even at the cost of offending the majority. Whether it’s the NRA protecting our right to bear arms when the City of Chicago attempted to ban handguns within its city limits; or when nazi supremacists won the right to march in Skokie, Illinois a predominantly Jewish neighborhood; or when a black woman wanted to marry a white man in Virginia; or when black children wanted to go to an all-white school, the Constitution guarantees and protects ALL of its citizens from government interference with those rights.”

Beginning Tuesday, same sex couples in Monroe County, Florida will be able to marry. Although this ruling is only for that of Monroe County, the precedent it sets for future decisions in Florida is undeniable.

“The court holds that the plaintiffs have established animus by the proponents of FMPA and that the plaintiffs have also established that there is no rational basis for the unequal treatment of homosexuals by FMPA and Florida Statute 741.04(1),” Judge Luis Garcia.

Two Recent Historical Events May Have Impact In Suit Against Catholic School for Sex Discrimination

Flint Dollar taught music at Mount de Sales Academy in Macon, Georgia for four years. According to Dollar, who is gay, he was clear with school administration about his sexual orientation when he was hired by the school. As described in this npr article, it was after Dollar announced on his Facebook page his plans to marry his longtime partner that his contract with the Catholic school was not renewed.

“I was told that…. the bishop of the Diocese of Savannah called and expressed his concern that if I was to return it would be against the teachings of the Catholic Church,” stated Dollar in the article.

Although federal discrimination laws do not explicitly prohibit employers from discriminating against employees on the basis of sexual orientation, Title VII of the Civil Rights Act prohibits discrimination due to an individual’s sex. Courts are beginning to clarify that these prohibitions against sex discrimination do include discrimination on the basis of sexual orientation.

In an effort to address the issue of discrimination based on an individual’s sexual orientation, attorneys for Federal employee Peter TerVeer have successfully argued thus far that the Plaintiff was penalized for his romantic interest in men, whereas similarly situated female employees were not penalized for the same reason.

In recent weeks, President Barack Obama has made great strides for federal employees in the LGBT community, providing them a protection that has never been guaranteed. While President Obama has specifically provided this protection to federal employees and contractors, such legislation could be used to deter future discrimination against the LGBT community across the nation.

In the recent Supreme Court opinion Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores, Inc. et al., it was determined that as a religious founded company, Hobby Lobby is exempt from the requirement to extend birth control coverage to its employees. Attorneys for Hobby Lobby argued that birth control methods such as the ‘morning after’ pill constitute as abortion and the requirement to provide such is unconstitutional under the Religious Freedom Restoration Act.

As a Catholic school, attorneys for Mount de Sales Academy can ultimately argue that under Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores, Inc. et al., the decision to terminate an employee’s employment based on something that goes against an entities religious beliefs or affiliation, such as sexual orientation, is constitutional.

If you or someone you know thinks they have experienced employment discrimination due to sexual orientation or identity, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Kentucky Strikes Down Ban on Same-Sex Marriage

Earlier this year Judge John G. Heyburn II ruled that Kentucky must recognize legal out-of-state marriages. Although the state of Kentucky continues to fight this decision, eight federal judges and one federal appeals court have lifted laws banning same-sex marriage since the decision was issued. This week Judge Heyburn ruled that same-sex couples have a right to marry in Kentucky.

In his decision issued yesterday, the Honorable Heyburn wrote, “In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.” “Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree.” Judge Heyburn adding,”Thus, same sex couples’ right to marry seems to be a uniquely ‘free’ constitutional right. Hopefully, even those opposed to or uncertain about same sex marriage will see it that way in the future.”

The Plaintiffs in this action are two Kentucky couples. Having lived together 34 years, Timothy Love and Lawrence Ysunza were denied a marriage license by the Jefferson County Clerk’s Office in February of this year. Without the benefits that a legal marriage offers, Love’s emergency heart surgery had to be delayed in order to prepare documents giving Ysunza decision making authority.

After being denied a marriage license, Maurice Blanchard and Dominique James refused to leave the clerk’s office. The two cohabitants of ten years were cited for trespassing and a jury convicted them of of such. Although their fine was a penny, the men have this infraction in their criminal record.

Lawyers for the state of Kentucky have argued that the ban on same-sex marriage is necessary for stability in birth rates and long-term economic health. In response to such arguments, Judge Heyburn stated, “These arguments are not those of serious people.”

If you or someone you know believes their civil rights have been violated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

50th Anniversary of Freedom Summer

50 years ago three civil rights workers were kidnapped and murdered in Mississippi. James Chaney, Andrew Goodman, and Michael Schwerner had taken the summer off from school so as to help eligible citizens register to vote. While driving through Philadelphia, Mississippi, they got a flat tire and were pulled over by the town’s deputy sheriff, who in turn called two highway patrolman. Forty-four days later, the FBI found the young men’s bodies buried within an earthen dam. The two white students had been shot, the African-American student from Mississippi was beaten to death. Seven were convicted of the crime, the longest sentence served was six years.

After a prolonged period of civil unrest in St. Augustine, Florida, the “St. Augustine Movement” came to a head on June 18, 1964. In protest to Martin Luther King’s arrest on the steps of the Monson Motor Lodge, white and African-American protestors jumped into the motel’s whites-only pool. In an attempt to control the protestors, the manager of the hotel poured acid into the pool. The images of this horrific event are some of the most famous from the civil rights movement.

The above described represent only but two of the unimaginable events creating the entirety of the civil rights movement. The events of the summer of 1964 marked a turning point for the movement though. It was the summer of 1964 that congress ended the filibuster and approved the Civil Rights Act of 1964, making it unlawful to discriminate based on an individual’s race, color, religion, sex, or national origin.