The Department of Justice (DOJ) submitted an amicus brief opposing the extension of Title VII discrimination protections on the basis of sexual orientation.
The brief was submitted in the Second Circuit case of Zarda v. Altitude Express. The plaintiff in that case, Donald Zarda, alleges he was unlawfully fired for being gay. The Justice Department's brief argues that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, national origin and sex, does not protect Zarda from this form of discrimination.
The Equal Employment Opportunity Commission (EEOC), an independent federal agency tasked with enforcing federal anti-discrimination law, has already filed a brief in support of the plaintiff. The Justice Department has therefore created a split in the federal government’s position on the same case.
The brief came on the same day President Donald Trump tweeted that the U.S. military will no longer "accept or allow" transgender people to serve.