The 3 - November 14, 2021

This week's edition of The 3 includes court action involving religious protections against attempts to grant unique considerations to people based on sexual orientation and gender identity.  Also, a federal appeals court has doubled down on its halt to the enforcement of the Administration's vaccine mandate. And, the governor of Oklahoma has stated that he has never directed the state's health department to begin issuing "non-binary" birth certificates.

Judge supports religious protections from so-called LGBTQ "discrimination"

The Bostock decision by the U.S. Supreme Court has had a chilling effect in the arena of providing considerations on the basis of sexual orientation and gender identity; in that case, companies were ordered to protect the so-called "rights" of LGBTQ employees, even to the detriment of company policy.

But, what happens when a company owner's religious perspective is informing the policy?  Such was the case in Texas; as ReligionNews.com reported about one of the plaintiffs:

Braidwood Management Inc. does not employ individuals “who are engaged in homosexual behavior or gender non-conforming conduct of any sort,” does not recognize same-sex marriage or extend employee benefits to same-sex partners and enforces a sex-specific dress and grooming code, according to court documents.

Bear Creek Bible Church in Plano was another plaintiff. For both, according to the article: "U.S. District Judge Reed O’Connor in Fort Worth held that Braidwood Management Inc., which operates three Christian health care businesses in Katy, Texas, is exempt from LGBTQ anti-discrimination protections in Title VII of the 1964 Civil Rights Act under both the First Amendment and the Religious Freedom Restoration Act." The judge also ruled that the church "can fire or refuse to hire LGBTQ employees under Title VII’s religious exemptions."

Court reinforces its stay of White House vax mandate

Last week, I reported about the decision out of the U.S. Court of Appeals for Fifth Circuit placing a hold on the regulation from the U.S. Department of Labor forcing employees of companies who employ 100 or more people to either get the COVID vaccine or face testing requirements at the employee's expense. Some across the nation have faced termination as the result of vaccine mandates.

There have been statements from the Biden Administration urging companies to ignore the previous court ruling.  Last week, the court issued a stronger statement, according to CBN.com, which reported:

The three-judge panel on the U.S. Court of Appeals for the Fifth Circuit ruled that "a stay is firmly in the public interest" as the number of lawsuits against the measure increases.

"From economic uncertainty to workplace strife, the mere specter of the Mandate has contributed to untold economic upheaval in recent months," the 22-page ruling reads. "IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the mandate until further court order."

Texas Attorney General Ken Paxton stated on Twitter, according to the article:

"Citing Texas' 'compelling argument(s),' the 5th Circuit has delayed OSHA's unconstitutional and illegal private-business vaccine mandate. WE WON! Litigation will continue, but this is a massive victory for Texas and for FREEDOM from Biden's tyranny and lawlessness..."

OK Governor says non-binary birth certificates are not OK

Oklahoma Governor Kevin Stitt, in light of action by the state's Department of Health to add a so-called "non-binary" option to birth certificates, has declared that the practice will end in an Executive Order, according to an article at The Hill, which points out that:

The order mandates the Oklahoma State Department of Health (OSDH) to “cease amending birth certificates” in any way that is inconsistent with state law, and to “remove from its website any reference to amending birth certificates” that doesn’t align with state law.

Stitt further urged the Oklahoma state legislature to “immediately pass legislation that will clarify, to the extent necessary, that changes in sex or gender on a birth certificate, or a designation of non-binary is contrary to Oklahoma law.”

The article reports that the health department stated it is committed to upholding the law, as it sees it, which sets up a showdown in the state. The Hill notes that the governor had said: "I believe that people are created by God to be male or female. Period...," adding that, "There is no such thing as non-binary sex and I wholeheartedly condemn the purported OSDH court settlement that was entered into by rogue activists who acted without receiving proper approval or oversight..."