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Friday, January 8th, 2021

Barr’s JustIce Dept makes one final stand against Equal Rights

 

Even before the attempted siege this week Trumps Administration was still trying to dismantle more civil rights 

The Department of Justice submitted a proposal to the White House to change the way they enforce Title VI of the Civil Rights Act. The section prohibits recipients of federal funding from discriminating based on race, color, or national origin. It covers housing programs, employers, schools, hospitals, and other organizations and programs. The move could also have an impact on LGBTQ rights.

The proposed change was quietly submitted by the department last month and bypassed the normal federal rule-making process that requires the government to publish the change and allow for public comment. It was one of former Attorney General Bill Barr’s last acts.

What is particularly worrying is that the incoming Biden administration would not be able to automatically repeal the change, but the new Attorney General could delay implementation. Naturally any lawsuits over the change would likely end up before the Supreme Court, and we all know how hostile the majority of them are about any civil rights.

The change would specifically eliminate “disparate impact” protections for minorities. This is one of the most important tools in civil rights cases, because it doesn’t require plaintiffs to prove intent to discriminate. Instead, it covers instances where policies have a different impact on minority groups. Equally worrying is the fact that the law has also been used to determine if educational institutions are punishing students of color or LGBTQ students at a different rate than others.

The change would be the Justice Department’s first substantial amendment to how it defines discriminatory behavior in Title VI since 1973, according to the draft document.


Posted by queerguru  at  10:29


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