President Obama’s nomination of Elena Kagan to the Supreme Court has triggered much media scrutiny.  One of the things in her record that is being given a great deal of attention is a widely circulated 2003 memo, that Kagan drafted while serving as the Dean of Harvard Law School.  The memo condemned the military’s “don’t ask, don’t tell” policy for gay soldiers as “a moral injustice of the first order.”  Essentially, the military’s policy effectively permits deeply closeted gays and bisexuals to serve in the military as long as they do not “out” themselves and they are not “outed” by others.  Kagan’s remarks were made during the 2005 controversy over whether Congress could withhold federal funding from universities that discriminate against the military.  Kagan joined a friend-of-the-court brief opposing the government.  Now, her comments are drawing a great deal of attention as the Military’s policy is under fire and the issue of gay marriage seems to be coming to head.  CNS News 

Don’t Ask, Don’t Tell is the only law in this country that authorizes the firing of an American simply for coming out as gay, lesbian, or bisexual.  The U.S. Equal Employment Opportunity Commission (EEOC) does not enforce the protections that prohibit discrimination and harassment based on sexual orientation.  To date, Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex.  Please visit the EEOC’s website for further information: www.eeoc.gov/policy/vii.html.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims.  For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.