Liberty Counsel’s Matt Barber appeared on The Janet Mefferd Show on Friday where he argued that the Obama administration is pushing America into a “constitutional crisis” following a decision by the Equal Employment Opportunity Commission that deems discrimination “against employees or job applicants on the basis of gender identity” as a “violation of Title VII of the Civil Rights Act of 1964—specifically its prohibition of sex discrimination in employment.” Barber, who earlier called the decision a “gross abuse of power” and a sign of “Tranny Tyranny” and “homofascism,” told Mefferd that EEOC commissioner Chai Feldblum was using the case, which was “issued without objection by the five-member, bipartisan commission,” to implement the Employment Non-Discrimination Act “by executive fiat.”
Barber and Mefferd both asserted that Feldblum had once said, “gays win, Christians lose.” However, “there is absolutely no factual account of Chai Feldblum making such a statement” and Feldblum denies she ever used that phrase. Barber also dubbed Feldblum an advocate of legalizing polygamy, but she told a Senate hearing, “I do not support polygamy,” and asked her name to be removed from a petition that included support for recognizing households with “more than one conjugal partners.”
Barber: This is the Obama administration doing what we have come to expect from the Obama administration, that is ruling by executive fiat, and Barack Obama here with his EEOC is doing arbitrarily through the executive what the legislature has not been able to do for decades now and that is pass the Employment Non-Discrimination Act, or ENDA. So this is the Obama administration just saying ‘well we’re just going to do what we do,’ he’s once again setting up a constitutional crisis here with this gross overreach in power.
Mefferd: What immediately came to mind was Chai Feldblum, because Chai Feldblum is a commissioner there at the EEOC, she was made as a recess appointment, this is the woman who co-authored or authored ENDA, the Employment Non-Discrimination Act, which Barney Frank sponsored multiple times and was never able to get through Congress, so you’re absolutely right. So putting Chai Feldblum at the EEOC was a really good move if Obama wanted to do this by executive fiat.
Barber: Well sure, and Chai Feldblum of course was a former Georgetown law professor, radical lesbian activist, has advocated polyandrous marriages, communal marriages if you will, involving men, women, any combination thereof. She is a radical, what I call her a sexual anarchist.
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Barber: This is a tactic that she has openly, at least she has honestly and openly said that she will apply and that homosexual activists should apply, she has said that when it comes to this notion of newfangled LGBT rights, and the T in LGBT is this notion of transgender, that “gays win, Christians lose.” That when you put that up against religious liberty that the newfangled LGBT rights trump religious liberty, so this is to be expected from a Chai Feldblum led EEOC.
Mefferd: Right, you’re absolutely right about that and I’ve heard her say that at different conferences that she’s attended.
A veteran who transitioned from male to female filed a complaint with the Equal Employment Opportunity Commission alleging that she faced sex and gender discrimination after being denied a job by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The EEOC decided this week to let the complaint to proceed, and naturally, the Family Research Council is upset about the commission’s ruling on the case, and senior fellow Peter Sprigg in an interview with the Associated Press defended discriminatory employment practices targeting potential transgender employees:
Mia Macy, an Army veteran and former police detective, initially applied for the position as a man and was told that she was qualified for the job as a ballistics technician. Then she informed the contractor that she was changing her gender. After that, she was told funding for the job was cut. She later learned someone else was hired for the position.
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The ruling does not yet determine that she was discriminated against, but that she can bring a charge of discrimination under the law.
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Peter Sprigg, senior fellow for policy studies at the Washington-based Family Research Council, said the EEOC's decision is misinterpreting Title VII of the Civil Rights Act.
"Those who are discriminated against because they are transgender are not discriminated because they are male or female, it is because they are pretending to be the opposite of what they really are, which is quite a different matter," he said.
UPDATE: Matt Barber of Liberty Counsel tweeted that the EEOC’s decision represents “tyranny” and “homofascism.”