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https://s3.us-west-1.wasabisys.com/virusreports/2020/05/cropped-virus-favicon-32x32.png rights Archives - Virus Reports https://virusreports.net/tag/rights/ 32 32 Feds open civil rights investigation into Kansas teen killed by police during wellness check https://virusreports.net/feds-open-civil-rights-investigation-into-kansas-teen-killed-by-police-during-wellness-check/ https://virusreports.net/feds-open-civil-rights-investigation-into-kansas-teen-killed-by-police-during-wellness-check/#respond Fri, 25 Sep 2020 00:21:17 +0000 https://virusreports.net/feds-open-civil-rights-investigation-into-kansas-teen-killed-by-police-during-wellness-check/ Federal authorities have opened a civil rights investigation into the fatal police shooting of a Kansas teenager who was backing out of the family's garage when an officer — responding to a call for a wellness check — fired 13 times.The FBI will "collect all available facts and evidence and will ensure that the investigation…

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Federal authorities have opened a civil rights investigation into the fatal police shooting of a Kansas teenager who was backing out of the family’s garage when an officer — responding to a call for a wellness check — fired 13 times.

The FBI will “collect all available facts and evidence and will ensure that the investigation is conducted in a fair, thorough and impartial manner,” a spokeswoman told NBC News in a statement Thursday. The agency’s Kansas City, Missouri, field office is working with the U.S. attorney’s office in Kansas and the Department of Justice’s Civil Rights Division.

The FBI did not comment further about the reason for and focus of the review, citing the ongoing investigation.

The killing of John Albers, 17, in January 2018 brought the national outcry over police use of excessive force to the Kansas City suburb of Overland Park.

John Albers in a family photo.Courtesy of Sheila Albers

After his death, Albers’ family sought answers for what led to the shooting and even for the name of the officer who killed him, which they quickly learned was a struggle because of the state’s restrictive public records laws, including for police documents.

A month after the shooting of Albers, Johnson County District Attorney Steve Howe announced an official investigation determined the officer, who said he feared for his life, was justified in his actions. At the time, Howe and Overland Park Police Chief Frank Donchez said the officer resigned from the police force before administrative action could be taken.

The name of the officer, Clayton Jenison, was only confirmed publicly by officials after an attorney for the Albers family uncovered it for a civil lawsuit filed in April 2018 against the officer and the police department.

Albers’ mother, Sheila Albers, said she welcomes the FBI and U.S. attorney’s office investigation, and hopes it will “shed light on what Overland Park and our DA have been able to keep hidden.”

The opening of an investigation “highlights the failure of Overland Park and District Attorney Steve Howe to be transparent in their investigations and be accountable to their constituents,” she added.

Sean Reilly, a spokesman for the city of Overland Park, said officials will “fully cooperate … just as we cooperated with the investigations conducted by the Johnson County District Attorney’s office and the Kansas Commission on Peace Officers’ Standards.”

Overland Park police did not immediately respond to a request for comment, and the Johnson County District Attorney’s Office declined to comment.

On the night Albers was killed, his family had gone out to dinner. Police were called to the home for a wellness check after a friend was concerned that Albers may have been intoxicated and feeling suicidal and had threatened to stab himself with a knife, according to Sheila Albers and the federal complaint filed by the family.

Dashcam videos and a neighbor’s security camera showed Jenison and another officer arriving at the home. They first spoke for a few minutes outside and did not knock on the front door or identify themselves. Eventually, the family’s garage door swung open, and Jenison unholstered his weapon and moved toward the door as the minivan, which Albers was driving, was about to reverse out.

It was then, as the minivan backed out slowly and in a straight line, that Jenison reacted, aiming his weapon and yelling, “Stop, stop, stop.” In a second, Jenison, who was standing to the right of the van, fired twice toward Albers; the family’s complaint contended that one or both of the bullets struck the teenager, “incapacitating him and rendering him unable to control the minivan.”

The car stopped but then speeded up in reverse, making a U-turn in the driveway and backing up. Jenison fired 11 more shots, and the minivan pulled forward, past another police car that had just approached, and coasted in neutral into the driveway of a home across the street.

A toxicology report indicated that Albers had not been under the influence of drugs or alcohol.

Howe, in announcing his decision not to charge the officer in 2018, said “these are fluid and instantaneous decisions that a law enforcement officer must make, which makes the job so difficult.”

The family ended up settling with Overland Park in 2019 for $2.3 million, The Washington Post reported, although the city did not admit liability and said it settled to avoid the cost and length of the litigation.

But Sheila Albers has long questioned the police narrative that Jenison had no choice but to draw his weapon because he was in immediate danger.

In June, city officials confirmed that Jenison received $70,000 as part of a severance package when he agreed to resign, an amount paid despite the fact the prosecutor’s office cleared him of wrongdoing.

The city said the agreement was “in the best interest of the community” and could prevent Jenison from potentially fighting for reinstatement to the force because there was “no just cause to terminate” him and avoid a costly lawsuit. Officials also said Chief Donchez never communicated with Jenison about the agreement nor encouraged him to enter into it.

Efforts to reach Jenison were unsuccessful Thursday.

Sheila Albers said she’s hoping for more transparency out of the federal investigation after officials “disseminated a false narrative, cleared the officer of wrongdoing in record time and structured a severance payout to the officer that killed John.”

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Body of US rights icon Lewis crosses Selma bridge https://virusreports.net/body-of-us-rights-icon-lewis-crosses-selma-bridge/ https://virusreports.net/body-of-us-rights-icon-lewis-crosses-selma-bridge/#respond Mon, 27 Jul 2020 15:22:56 +0000 https://virusreports.net/body-of-us-rights-icon-lewis-crosses-selma-bridge/ The body of the late US civil rights icon John Lewis has been carried over Selma's historic Edmund Pettus Bridge for a final time.On 7 March 1965, known as "Bloody Sunday", Lewis and other peaceful protesters were attacked by Alabama police officers as they marched over the bridge.They had planned to walk to state capital…

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The body of the late US civil rights icon John Lewis has been carried over Selma’s historic Edmund Pettus Bridge for a final time.

On 7 March 1965, known as “Bloody Sunday”, Lewis and other peaceful protesters were attacked by Alabama police officers as they marched over the bridge.

They had planned to walk to state capital Montgomery to demand equal voting rights.

Lewis, who died aged 80 on 17 July, will be laid to rest in a private ceremony in Atlanta on Thursday.

Read more: ‘A man who fought for equality until his last breath’

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John Lewis knew civil rights did not end with voting rights or Barack Obama | Peniel E Joseph https://virusreports.net/john-lewis-knew-civil-rights-did-not-end-with-voting-rights-or-barack-obama-peniel-e-joseph/ https://virusreports.net/john-lewis-knew-civil-rights-did-not-end-with-voting-rights-or-barack-obama-peniel-e-joseph/#respond Sun, 19 Jul 2020 22:21:17 +0000 https://virusreports.net/john-lewis-knew-civil-rights-did-not-end-with-voting-rights-or-barack-obama-peniel-e-joseph/ The death of John Lewis, the Alabama-born civil rights activist, Freedom Rider and student leader turned Georgia congressman, represents a generational transition in America’s long struggle for Black freedom, dignity and citizenship. A disciple of Dr Martin Luther King Jr who experienced brutal and repeated acts of violence by racist white law enforcement and vigilantes…

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The death of John Lewis, the Alabama-born civil rights activist, Freedom Rider and student leader turned Georgia congressman, represents a generational transition in America’s long struggle for Black freedom, dignity and citizenship. A disciple of Dr Martin Luther King Jr who experienced brutal and repeated acts of violence by racist white law enforcement and vigilantes that left him with permanent physical scars, including a cracked skull, Lewis remained stubbornly resolute in his insistence that Black life mattered.

As a student organizer, Lewis braved repeated arrests, jail stints and death threats during protests to end the Jim Crow system of racial segregation that maintained a stranglehold on American democracy. His lifelong quest to create what he later characterized as “good trouble” made him a quintessential figure of the times, one whose authentic love of poor, unlettered peoples was rooted in his own humble origins that began in a shotgun shack in 1940, just outside Troy, Alabama.

Lewis’s preternaturally calm demeanor, southern drawl and genuine humility lulled opponents and even friends into underestimating him. In truth, he contained multitudes, a complexity that reflects the richness of the movement and era that shaped him.

As chairman of the Student Nonviolent Coordinating Committee (SNCC), Lewis matched a personal and tactical commitment to nonviolence with a passion for ending a caste system rooted in racial slavery, segregation, poverty and violence. His youthful militancy was on full display at the March on Washington in 1963, where he vowed to help lead a relentless pursuit of racial justice and citizenship:

“We must say, ‘Wake up America. Wake up!!!’ For we cannot stop, and we will not be patient.”

By 1966, Black impatience within SNCC triggered Lewis’ ouster from the group in favor of Stokely Carmichael, a friend turned rival who would help to popularize the term “Black Power!”

Lewis’s brand of quiet indignation appeared out of step with a revolutionary age, but he remained committed to the new political possibilities opened up by the combined might of civil rights legislation and Black Power’s consciousness raising.

Two decades after being replaced as SNCC chairman, Lewis won an upset victory over his one-time colleague Julian Bond to become a member of Congress. Over the next 30 years Lewis proved to be a resolute legislator who, more often than not, sided with underdogs of all stripes and maintained an uncompromising champion of racial justice.

After backing Hillary Clinton in the 2008 Democratic presidential primaries he switched sides, taking a gamble on a young senator from Illinois who identified as part of the “Joshua Generation” made possible by the activism of King and Lewis.

Barack Obama’s election helped ensure Lewis’s national veneration since he, in contrast to Jesse Jackson, became the first Black president’s favorite living civil rights icon. But the growing national recognition of Lewis as the “conscience of the Congress” at times obscured the halting nature of American racial progress.

Lewis did indeed stand tall at Selma as blows rained down, and in doing so bore witness to the depth and breadth of white supremacist violence against peaceful demonstrators. In the age of Obama, Lewis’s heroism became part of a triumphant national narrative about the civil rights movement that extolled the sacrifice of veterans of the 1960s who enabled contemporary freedoms, including the astonishing elections of Obama in 2008 and 2012.

But as the galvanic national and global protests in the wake of George Floyd’s murder have revealed, levels of Black equality presumed to have been won during the movement’s heroic age have proven largely illusory. As has the seeming permanence of watershed legislation such as the Voting Rights Act, which has been largely curtailed by a 2013 supreme court decision, Shelby v Holder, that undermines democracy by sanctioning widespread voter suppression tactics.

The Black Lives Matter movement cast an important spotlight on the importance of Lewis’s extraordinary and lifelong commitment to ending systemic racism and defeating white supremacy. Lewis, at an early age, recognized the Black freedom struggle as a marathon and not a sprint. On this score he met and admired Malcolm X even as he retained an unswerving commitment to non-violent civil disobedience. Lewis retained a special love for King but embraced the recent BLM protests that have rocked the world as a long overdue reckoning that might complete the struggle for dignity and citizenship that he waged his entire life.

Lewis’s most important legacy, then, surpasses both the real and imagined triumphs that resulted in his election to Congress, friendship with Obama, presidential medal of freedom and widespread admiration from supporters and even former adversaries that he claimed over the course of his life and political career. His most important legacy resides in his service-oriented political leadership, unapologetic struggle for Black dignity and citizenship, and embrace of a younger and combative generation of activists who reminded him and the nation of the still unfinished business of achieving racial justice in America and around the world.

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Civil rights icon John Lewis dies at age 80 https://virusreports.net/civil-rights-icon-john-lewis-dies-at-age-80/ https://virusreports.net/civil-rights-icon-john-lewis-dies-at-age-80/#respond Sat, 18 Jul 2020 11:21:05 +0000 https://virusreports.net/civil-rights-icon-john-lewis-dies-at-age-80/ Fox News Back to Top ©2020 FOX News Network, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. All market data delayed 20 minutes. New Privacy Policy - New Terms of Use (What's New) - FAQ

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©2020 FOX News Network, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. All market data delayed 20 minutes. New Privacy PolicyNew Terms of Use (What’s New)FAQ

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Civil rights legend Rep. John Lewis dead at 80 https://virusreports.net/civil-rights-legend-rep-john-lewis-dead-at-80/ https://virusreports.net/civil-rights-legend-rep-john-lewis-dead-at-80/#respond Sat, 18 Jul 2020 06:21:05 +0000 https://virusreports.net/civil-rights-legend-rep-john-lewis-dead-at-80/ (CNN)John Robert Lewis, the son of sharecroppers who survived a brutal beating by police during a landmark 1965 march in Selma, Alabama, to become a towering figure of the civil rights movement and a…

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(CNN)John Robert Lewis, the son of sharecroppers who survived a brutal beating by police during a landmark 1965 march in Selma, Alabama, to become a towering figure of the civil rights movement and a…
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What civil rights groups want from Facebook boycott: Stop hate speech and harassment of Black users https://virusreports.net/what-civil-rights-groups-want-from-facebook-boycott-stop-hate-speech-and-harassment-of-black-users/ https://virusreports.net/what-civil-rights-groups-want-from-facebook-boycott-stop-hate-speech-and-harassment-of-black-users/#respond Tue, 07 Jul 2020 21:22:38 +0000 https://virusreports.net/what-civil-rights-groups-want-from-facebook-boycott-stop-hate-speech-and-harassment-of-black-users/ CLOSE Carolyn Wysinger is a teacher and activist who says Facebook censors her from discussing racism online, sometimes locking her out of her account. USA TODAYT’Nae Parker, a Black activist who’s been on Facebook since college, almost always has the app open on her phone, spending hours each day helping her community in South Carolina – that…

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Carolyn Wysinger is a teacher and activist who says Facebook censors her from discussing racism online, sometimes locking her out of her account.

USA TODAY

T’Nae Parker, a Black activist who’s been on Facebook since college, almost always has the app open on her phone, spending hours each day helping her community in South Carolina – that is, unless Facebook cuts off her access.

By her count, Parker has had her posts removed and her account locked in a punishment commonly referred to as “Facebook jail” 27 times for speaking out against racism or the complicity of white people in anti-Blackness.

“Shutting us out is basically saying ‘Shut up,’” Parker, 36, says.

Now, a Facebook advertising boycott is giving voice to years of complaints that the social media giant disproportionately stifles Black users while failing to protect them from harassment.

Launched by civil rights groups three weeks ago, the Stop Hate for Profit campaign, which has a broader aim of curbing hate speech, white supremacy and misinformation on Facebook, has struck a national nerve. Hundreds of companies including top brands Unilever, Ford and Pfizer have pulled advertising from Facebook in July.

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On Tuesday, Facebook CEO Mark Zuckerberg and executives Sheryl Sandberg and Chris Cox met with the civil rights groups behind the boycott including online racial justice group Color of Change, the Anti-Defamation League, the NAACP, among other groups.

Hate, harassment of Black users worsens

Forged in the aftermath of George Floyd’s death while in Minneapolis police custody, this coalition of corporations and civil rights leaders has forced Facebook to reckon with the role it plays in perpetuating systemic racism and societal ills such as Holocaust denial. Demands include Facebook submitting to independent audits of hate speech and misinformation, removing all hate speech and hate groups, refunding corporations when ads appear next to hate speech and hiring a civil rights executive to scrutinize products and policies for discrimination and hate. 

“Now is not the time for… statements of support that don’t come with actual real structural change,” Rashad Robinson, president of Color of Change, said. “Now is the time to actually change rules and change behaviors.”

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If anything, Black users say harassment has gotten worse as nationwide protests following Floyd’s death in police custody draw renewed attention to historic racial inequities. 

Black people in private groups dedicated to discussing racial justice and police brutality report being swarmed by organized networks of white supremacists, who use racial slurs and tell them to go back to Africa.

A network of Facebook groups with more than 1 million members, created to protest coronavirus stay-at-home orders, are also targeting Black Lives Matter, using slurs to refer to Black people and protesters, the Associated Press reported Monday. These groups are rife with conspiracy theories, alleging protesters were paid to go to demonstrations and that Floyd’s death was staged.

Facebook complaints go back years 

Civil rights leaders say the boycott is lifting up a yearslong effort to stop the censorship of Black users on social media.

Since the start, the Black Lives Matter movement turned to Facebook as an organizing tool. Yet activists say they were soon set upon by bands of white supremacists who targeted them with racial slurs and violent threats. In 2015, Color Of Change, which was formed after Hurricane Katrina to organize racial justice campaigns on the internet, began pressuring Facebook to stop the harassment of Black activists by hate groups.

The Center for Media Justice began probing why content from people of color was being removed from Facebook in August 2016 when, at the request of law enforcement, Facebook shut down the video of a Baltimore woman, Korryn Gaines, who was livestreaming her standoff with police. Gaines was later shot and killed by a police officer in front of her 5-year-old son who was also struck twice by gunfire. At the same time, Black Lives Matter activists and Standing Rock pipeline protesters in North Dakota were reporting that their content was being removed, too.

In 2016 and again in 2017, civil rights and other groups wrote letters urging Facebook to conduct an independent civil rights audit of its content moderation system and to create a task force to institute the recommendations. 

Black users complain of little progress

Two years ago, Facebook agreed to a civil rights audit as it rushed to contain the damage from revelations that shadowy Russian operatives posing as Americans had targeted unsuspecting users with divisive political messages to sow discord during the 2016 presidential election. One of the main targets of the Internet Research Agency were African Americans. The same day Facebook announced a civil rights audit, it agreed to a second audit into charges of anti-conservative bias

In the years since, civil rights leaders say there have been few signs of progress in how Facebook deals with racially motivated hate speech against the Black community or the erasure of Black users’ speech. The final version of the civil rights audit is expected to be released Wednesday.

One of the problems, these leaders say, is the dearth of underrepresented minorities at Facebook, particularly in positions of influence. Despite repeated pledges to close the racial gap in its U.S. workforce, a tiny fraction – less than 4% – of Facebook is Black. In all, Facebook employs 1,025 Black people, according to the company’s most recent government filing. That’s out of 27,705 employees. 

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Facebook says it will flag all “newsworthy” posts from politicians, including President Donald Trump, that may incite violence, suppress voting or break its other content rules. (June 26)

AP Tech

Last year, a dozen anonymous current and former Facebook employees went public to say they are treated as if they “do not belong,” portraying Facebook as a culture rife with racist and discriminatory behavior against African Americans and Hispanics. Their complaints came one year after a former Facebook manager, Mark Luckie, accused the social media company of having a “Black people problem.” 

Civil rights groups want hate speech rule changes

Facebook relies on a set of rules called “Community Standards” to guide decisions about what constitutes hate speech. These standards are enforced by computer algorithms and human moderators. Facebook acknowledges it makes mistakes when flagging and removing content.

Russia exploited race on Facebook: More black staffers, diversity could have helped

#SiliconValleySoWhite: Black Facebook and Google employees speak out on big tech racism

Sandy Broadus, an attorney and anti-racism educator and activist, says when she and another Black woman were called a profanity by a white man, Facebook refused to take down the comment. A friend reported being called a racial slur but was told that didn’t break the rules either, according to a screenshot reviewed by USA TODAY. But when that friend posted a screenshot of the slur on Facebook, she was banned. Last year a post saying “14-year-old Emmett Till was murdered by racist and knee-jerk terroristic white men” sent Broadus to Facebook jail, but not the white allies who reposted it.

The problem as Broadus sees it: the company’s policy of protecting all racial and ethnic groups equally, even if they do not face oppression or marginalization, ignoring centuries of systemic racism and confusing commentary on racism with attacks on a protected group of people.

Neil Potts, public policy director at Facebook, told USA TODAY last year that applying more “nuanced” rules to the daily tidal wave of content rushing through Facebook and its other apps would be challenging. 

Facebook says it’s taking steps to address mistakes in content takedowns. New hate speech pilot programs are training some content moderators as specialists in hate speech and are reevaluating the questions content moderators are asked to consider when they make decisions.

“The question for me becomes if you are telling me that these things don’t violate community standards, then what you are saying is that they don’t violate white community standards because they certainly violate those of us who are legally protected classes under the law,” Broadus says. “Facebook is operating in their own little microcosm where they are treating white fragility and white feelings as if those are legally protected, and they are not.”

Facebook too useful to quit

Still, Black users say they have no choice but to stick with Facebook, a critical lifeline to their communities. Movements on social media have helped put the deaths of Black Americans by police officers on the public agenda, along with racial disparities in employment, health and other key areas, they say.

To elude bans when talking about racism, Black users say they resort to using a white avatar, digital slang such as “wypipo” or “huite” or a cloud emoji as phonetic or visual stand-ins for white people. They operate under aliases and maintain backup accounts to avoid losing content and access to their community. And they’ve developed a buddy system to alert friends and followers when someone has been sent to Facebook jail, sharing the news of the suspension and the posts that put them there.

“This movement,” Parker says, “does not exist without social media.”  

Like others, Parker puts up with being cut off from her community for hours, days, or weeks at a time. In all, she estimates she’s been locked out of her Facebook account for a total of two years, isolating her in critical moments when people need her, such as the start of the COVID-19 pandemic. 

Last month when Facebook launched a campaign after Floyd’s killing to “Lift Black Voices,” an effort to highlight stories from Black people and share educational resources, Parker was incredulous.

“When you are the No. 1 oppressor of Black voices. You are going to lift Black voices?” she said. “That is absolutely not what you do.”

CLOSE

Teams of painters and artists gathered for a second day on Thursday to paint a “Black Lives Matter” mural in the middle of a street that passes federal buildings in lower Manhattan. (July 2)

AP Domestic

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At UN Human Rights Council, 53 countries back China’s draconian Hong Kong crackdown https://virusreports.net/at-un-human-rights-council-53-countries-back-chinas-draconian-hong-kong-crackdown/ https://virusreports.net/at-un-human-rights-council-53-countries-back-chinas-draconian-hong-kong-crackdown/#respond Sun, 05 Jul 2020 00:21:21 +0000 https://virusreports.net/at-un-human-rights-council-53-countries-back-chinas-draconian-hong-kong-crackdown/ Fifty-three countries at the U.N. Human Rights Council, led by Cuba, came out in support of China’s national security law this week -- a law that has formed the basis of the communist regime’s latest crackdown on the people of Hong Kong.Dueling statements were read out in the Council Tuesday in support and against the national security law. According…

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Fifty-three countries at the U.N. Human Rights Council, led by Cuba, came out in support of China’s national security law this week — a law that has formed the basis of the communist regime’s latest crackdown on the people of Hong Kong.

Dueling statements were read out in the Council Tuesday in support and against the national security law. According to Axios, Cuba read out a statement in favor of the law backed by 52 other countries, while the U.K. read out a statement against it, representing itself and 26 other countries.

HUNDREDS ARRESTED IN HONG KONG AFTER CHINA IMPOSES NEW NATIONAL SECURITY LAW

Chinese state media Xinhua reported that the Cuban statement said the law was beneficial for Hong Kong’s prosperity and stability, and guarantees that Hong Kong residents can exercise their freedom in a “safe environment.”

The law criminalizes anti-government movements, and is targeted at pro-democracy protesters in Hong Kong who have pushed back against Beijing’s incursions on freedoms in the territory — which is supposed to be ruled on the principle of “one country, two systems.”

The law punishes crimes of secession, subversion, terrorism and collusion with foreign forces with up to life in prison.

It also establishes a national security committee in Hong Kong under Beijing’s control and allows for those accused of offenses to be sent to the mainland for trial. Those who are not permanent residents of Hong Kong may be charged under the national security law as well, according to Chinese state media.

POMPEO SAYS UN HUMAN RIGHTS COUNCIL HITS ‘NEW LOW’ WITH ANTI-US RESOLUTION ON RACE, POLICE 

U.S. Secretary of State Mike Pompeo said on Wednesday that “Free Hong Kong was one of the world’s most stable, prosperous and dynamic cities. Now it’s just another communist-run city where its people will be subject to the party elites wins.”

But at the Human Rights Council, where a number of countries with poor human rights records sit, those in favor of the draconian measure outnumbered those who opposed it. The Council came under renewed scrutiny over its membership this year, when Venezuela was among those with records of human rights abuse who took a seat.

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The spectacle will be seen by the U.S. as further proof that it was right to pull out of the Council in 2018. Then-U.N. Ambassador Nikki Haley in 2018 called it “a protector of human rights abusers, and a cesspool of political bias.”

Fox News’ Danielle Wallace contributed to this report.

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Gay Rights and Trans Rights Are Indivisible. SCOTUS Just Showed Why. https://virusreports.net/gay-rights-and-trans-rights-are-indivisible-scotus-just-showed-why/ https://virusreports.net/gay-rights-and-trans-rights-are-indivisible-scotus-just-showed-why/#respond Thu, 18 Jun 2020 19:21:54 +0000 https://virusreports.net/gay-rights-and-trans-rights-are-indivisible-scotus-just-showed-why/ Outside the U.S. Supreme Court on Monday. Jim Watson/AFP via Getty Images Since the start of the modern LGBT movement in the 1960s, some members of the community have questioned the degree of common interest between lesbian, gay, and bisexual people on the one hand and transgender people on the other. Notwithstanding similar experiences of…

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Person holding up a rainbow flag in front of the Supreme Court building

Outside the U.S. Supreme Court on Monday.

Jim Watson/AFP via Getty Images

Since the start of the modern LGBT movement in the 1960s, some members of the community have questioned the degree of common interest between lesbian, gay, and bisexual people on the one hand and transgender people on the other. Notwithstanding similar experiences of discrimination and a shared history of activism, members of both communities have sometimes viewed one another with mutual suspicion. LGB people, protective of hard-won legal, political, and societal victories, have worried that association with an even more unfamiliar and stigmatized minority group would imperil those advances. Trans people, weary of advocates prioritizing gay rights over trans rights, have worried that LGB people might achieve greater equality and then abandon the field without extending a hand to transgender people. But the Supreme Court’s landmark decision on Monday in Bostock v. Clayton County provides the strongest possible counterargument that when LGBT people band together to press for rights for the entire community, they can achieve momentous victories that would not have been possible working on their own.

The Supreme Court’s decision in Bostock focused on the meaning of sex discrimination for the purposes of Title VII of the Civil Rights Act of 1964, which restricts discrimination in the workplace. Writing for a 6–3 majority, Justice Neil Gorsuch ruled that discrimination on the basis of sexual orientation and discrimination on the basis of gender identity are forms of sex discrimination. At different intervals, both gay and trans cases have played critical roles in developing the legal reasoning that resulted in Monday’s decision.

From the moment of the bill’s passage in 1964, LGBT plaintiffs began filing lawsuits against employers, arguing that they are protected by the ban on sex discrimination. In the 1960s and 1970s, those arguments were uniformly rejected by the federal courts, which viewed sexual orientation and gender identity discrimination as distinct concepts from sex discrimination. Many federal judges also viewed LGBT people as sexual deviants undeserving of rights.

The legal landscape shifted, however, with the Supreme Court’s 1989 decision in Price Waterhouse v. Hopkins. In Price Waterhouse, Hopkins was denied a partnership at her accounting firm because she was deemed insufficiently feminine. Price Waterhouse, her employer, argued that it hadn’t discriminated against Hopkins because she was a woman, but rather because she was too “aggressive.” The Supreme Court rejected this argument. In its plurality opinion, the court explained that sex discrimination encompassed discrimination on the basis of sex stereotypes concerning how men and women ought to behave.

Hopkins opened the door for LGBT plaintiffs to make arguments that sexual orientation and gender identity discrimination are forms of sex discrimination based on sex stereotyping. Federal courts initially proved more receptive to this argument with respect to trans plaintiffs than gay plaintiffs. In a series of cases in the early 2000s, courts recognized that gender identity discrimination is always a form of sex discrimination based on sex stereotyping. This is because, as the 11th U.S. Circuit Court of Appeals wrote in Glenn v. Brumby, “a person is defined as transgender precisely because of the perception that his or her behavior transgresses gender stereotypes.”

Over time, courts also began to adopt a simpler explanation for why gender identity discrimination is sex discrimination by itself, without using a sex stereotyping theory. Discrimination based on transgender status, they recognized, is inherently sex-based, because transgender status is defined by a difference between a person’s gender identity and their sex assigned at birth. Both of these characteristics are sex-related. In legal parlance, this theory asserted that anti-LGBT discrimination is sex discrimination per se.

Appellate courts then began to realize the same arguments applied to sexual orientation. First, courts began to understand that anti-gay discrimination also stems from sex stereotypes: that men should act masculine by being attracted to women, while women should act feminine by being attracted to men. Second, courts started recognizing that it is also impossible for anti-gay discrimination to not be sex-related. If a woman is fired for marrying a woman, but she would not have been fired had she been a man doing the same thing, she experienced sex discrimination per se. By the time the Supreme Court agreed to hear the LGBT Title VII cases, dozens of courts had recognized that anti-transgender discrimination is sex discrimination. A growing number had found that anti-gay discrimination is sex discrimination, too.

But if trans cases led the way in the lower courts, the gay cases arguably clinched the victory before the Supreme Court. Prior to the oral arguments, many legal observers believed that there was a stronger doctrinal foundation for a favorable ruling in the trans case than in the gay cases. At oral argument in October, though, the justices seemed far more concerned with the potential ramifications of a ruling in favor of the transgender plaintiff, Aimee Stephens, than one in favor of the gay plaintiffs, Gerald Bostock and Donald Zarda. Gorsuch, who ended up writing the majority opinion in favor of all three plaintiffs, expressed concern that “massive social upheaval” would result if Stephens won. And Justice Sonia Sotomayor, a liberal, noted the “very powerful” concern that a favorable decision might result in a cisgender woman staying overnight in a woman’s shelter with a transgender woman.

Ultimately, these concerns did not affect the substance of the majority opinion. The court found that anti-LGBT discrimination is sex discrimination because “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” As the court explained, discriminating against someone for being gay or trans inevitably entails treating that person differently because of their sex. If you fire Mark for bringing his husband to the company Christmas party, and you wouldn’t have fired Susan for bringing that same husband, you are treating Mark differently based on his sex. Similarly, if you fire Louisa for presenting herself as a woman at the company Christmas party because she was assigned male at birth, and you wouldn’t have fired her for doing so if she had been assigned female at birth, you are treating Louisa differently based on the sex she was assigned at birth.

In other words, Gorsuch chose to adopt the per se discrimination theory rather than the sex stereotyping theory. This may be because the court focused more of its analysis on the sexual orientation cases, where courts have tended to find the per se theory more persuasive as applied to gay plaintiffs. In a gay case, the sex stereotype at issue often is the sexual orientation of the plaintiff, whereas in a trans case, courts often focus on the way the plaintiff is dressed or expresses their gender identity, which may seem more like a traditional sex stereotype.

In turn, the per se approach provided an important benefit in the transgender case by obviating the need for the court to discuss the sex stereotyping cases. Those cases were troubling because they often effectively treated trans people like cross-dressers. In early cases like 2000’s Rosa v. Park West Bank & Trust Co., for instance, the 1st U.S. Circuit Court of Appeals ruled that it was sex stereotyping for a bank to deny service to a plaintiff who was assigned male at birth but dressed in women’s clothing. This framing resulted in the court describing the plaintiff as a cross-dressing man who was being discriminated against for being insufficiently masculine, when in fact she was a transgender woman.

By contrast, under Gorsuch’s per se analysis, a transgender woman who is fired for acting feminine in the workplace is compared to a cisgender woman, not a cross-dressing man. As Gorsuch wrote, “if the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth.” Gorsuch’s explanation assumes that transgender women should be treated the same as cisgender women, not the same as gender-nonconforming men.

Thus, the gay and trans cases helped each other succeed before the Supreme Court. The success of the trans cases in the lower courts using the earlier sex stereotyping theory helped courts initially understand that anti-LGBT discrimination constitutes sex discrimination. And the focus on the gay cases before the Supreme Court likely influenced the court’s adoption of the per se theory, which in turn validated the gender identity of the transgender plaintiff.

In addition, by analyzing the two sets of cases together, and applying the same legal theory to both, the court was able to let the trans issue recede into the background. This made it easier for the court not to “prejudge” the concerns voiced by the justices at oral argument about what bathrooms, locker rooms, and dress codes transgender employees would use, and avoid inserting any harmful limits on transgender rights into the opinion. The court also reinforced the implicit validation of Aimee Stephens’ female gender identity by using female pronouns to refer to her throughout the opinion. These analytical and linguistic moves allowed the court to legitimate Stephens’ gender identity as a woman, even as the court declined to formally define sex in the opinion.

The immediate result of Bostock is that the millions of LGBT Americans who lived in the nearly 30 states without explicit protections for LGBT people in the workplace became safe, for the first time in their lives, from being fired from their jobs simply for being themselves. But the downstream consequences are more significant even than that, because the logic of the court’s decision applies in any instance where the law bars sex discrimination. As Justice Samuel Alito’s dissent helpfully pointed out, more than 100 federal statutes bar sex discrimination, including in education, housing, and health care. And that is to say nothing of constitutional protections against sex discrimination. In all of these areas, courts are highly likely to now rule that LGBT people are also protected. Indeed, in many of these contexts, some courts already have.

Monday’s historic victory is a testament to the value of minority groups working together to advance one another’s rights. The pioneering work of the civil rights and women’s rights movements to pass the Civil Rights Act in 1964 and expand its scope paved the way for the LGBT nondiscrimination cases. And for a generation, transgender attorneys working with historically LGB organizations, gay attorneys working with trans organizations, and LGBT attorneys in private practice have all collaborated—together with courageous plaintiffs, tireless activists, and straight and cisgender allies—to establish the formal equality of LGBT people before the law. That should be a lesson we take into the future as we continue to work to advance the cause of justice.


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Civil Rights Law Protects L.G.B.T. Workers, Supreme Court Rules https://virusreports.net/civil-rights-law-protects-l-g-b-t-workers-supreme-court-rules/ https://virusreports.net/civil-rights-law-protects-l-g-b-t-workers-supreme-court-rules/#respond Mon, 15 Jun 2020 15:22:00 +0000 https://virusreports.net/civil-rights-law-protects-l-g-b-t-workers-supreme-court-rules/ The court said the language of the Civil Rights Act of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity.Tiffany Munroe waving a Pride flag during a rally to call attention to violence against transgender people of color in Brooklyn on Sunday.Credit...Demetrius Freeman for The New York TimesJune 15,…

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The court said the language of the Civil Rights Act of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity.

Credit…Demetrius Freeman for The New York Times

Adam Liptak

The Supreme Court ruled Monday that a landmark civil rights law protects gay and transgender workers from workplace discrimination, handing the movement for L.G.B.T. equality a stunning victory.

The vote was 6 to 3, with Justice Neil M. Gorsuch writing the majority opinion. He was joined by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

The case concerned Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on race, religion, national origin and sex. The question for the justices was whether that last prohibition — discrimination “because of sex”— applies to many millions of gay and transgender workers.

The decision, covering two cases, was the court’s first on L.G.B.T. rights since the retirement in 2018 of Justice Anthony M. Kennedy, who wrote the majority opinions in all four of the court’s major gay rights decisions.

Those decisions were grounded in constitutional law. The new cases, by contrast, concerned statutory interpretation.

Lawyers for employers and the Trump administration argued that the common understanding of sex discrimination in 1964 was bias against women or men and did not encompass discrimination based on sexual orientation and gender identity. If Congress wanted to protect gay and transgender workers, they said, it could pass a new law.

Lawyers for the workers responded that discrimination against employees based on sexual orientation or transgender status must as a matter of logic take account of sex.

The court considered two sets of cases. The first concerned a pair of lawsuits from gay men who said they were fired because of their sexual orientation. The second was about a suit from a transgender woman, Aimee Stephens, who said her employer fired her when she announced that she would embrace her gender identity at work.

The cases concerning gay rights are Bostock v. Clayton County, Ga., No. 17-1618, and Altitude Express Inc. v. Zarda, No. 17-1623.

The first case was filed by Gerald Bostock, a gay man who was fired from a government program that helped neglected and abused children in Clayton County, Ga., just south of Atlanta, after he joined a gay softball league.

The second was brought by a skydiving instructor, Donald Zarda, who also said he was fired because he was gay. His dismissal followed a complaint from a female customer who had expressed concerns about being strapped to Mr. Zarda during a tandem dive. Mr. Zarda, hoping to reassure the customer, told her that he was “100 percent gay.”

Mr. Zarda died in a 2014 skydiving accident, and his estate pursued his case.

Most federal appeals courts have interpreted Title VII to exclude sexual orientation discrimination. But two of them, in New York and Chicago, have ruled that discrimination against gay men and lesbians is a form of sex discrimination.

In 2018, a divided 13-judge panel of the United States Court of Appeals for the Second Circuit, in New York, allowed Mr. Zarda’s lawsuit to proceed. Writing for the majority, Chief Judge Robert A. Katzmann concluded that “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination.”

In dissent, Judge Gerard E. Lynch wrote that the words of Title VII did not support the majority’s interpretation.

“Speaking solely as a citizen,” he wrote, “I would be delighted to awake one morning and learn that Congress had just passed legislation adding sexual orientation to the list of grounds of employment discrimination prohibited under Title VII of the Civil Rights Act of 1964. I am confident that one day — and I hope that day comes soon — I will have that pleasure.”

“I would be equally pleased to awake to learn that Congress had secretly passed such legislation more than a half-century ago — until I actually woke up and realized that I must have been still asleep and dreaming,” Judge Lynch wrote. “Because we all know that Congress did no such thing.”

The case on transgender rights is R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, No. 18-107. It concerns Aimee Stephens, who was fired from a Michigan funeral home after she announced in 2013 that she was a transgender woman and would start working in women’s clothing. Ms. Stephens died on May 12.

“What I must tell you is very difficult for me and is taking all the courage I can muster,” she wrote to her colleagues in 2013. “I have felt imprisoned in a body that does not match my mind, and this has caused me great despair and loneliness.”

Ms. Stephens had worked at the funeral home for six years. Her colleagues testified that she was able and compassionate.

Two weeks after receiving the letter, the home’s owner, Thomas Rost, fired Ms. Stephens. Asked for the “specific reason that you terminated Stephens,” Mr. Rost said: “Well, because he was no longer going to represent himself as a man. He wanted to dress as a woman.”

The United States Court of Appeals for the Sixth Circuit, in Cincinnati, ruled for Ms. Stephens. Discrimination against transgender people, the court said, was barred by Title VII.

“It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex,” the court said, adding, “Discrimination ‘because of sex’ inherently includes discrimination against employees because of a change in their sex.”

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Civil rights protesters from the 1950s and 1960s on their struggle – https://virusreports.net/civil-rights-protesters-from-the-1950s-and-1960s-on-their-struggle/ https://virusreports.net/civil-rights-protesters-from-the-1950s-and-1960s-on-their-struggle/#respond Mon, 15 Jun 2020 14:21:22 +0000 https://virusreports.net/civil-rights-protesters-from-the-1950s-and-1960s-on-their-struggle/ In our time, any white person, even a young child, could regard a black adult as a boy. And you were expected to address them preferentially and with respect. And they were called Mister, and in some…

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In our time, any white person, even a young child, could regard a black adult as a boy. And you were expected to address them preferentially and with respect. And they were called Mister, and in some…
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