Gambling On Statutory Construction

In today’s class I was accused of making prejudiced arguments based on a personal disdain for homosexuals. Rest assured that such is not the case. My passion for the position was grounded in basic statutory construction along with a $5 wager against Big Momma Watkins.

Reprinted below is a copy of the statute and question. The crux of my argument was simply that homosexuality in the United States is not an “arbitrary basis” and there is nothing in the statute that says otherwise. With the legislative controversy stemming from gay marriage, gays in the military, and homosexual equal employment issues, I can hardly believe the statute’s all-inclusive language is the legislature’s panacea for the latter controversy.

Realizing nobody really cares but me, I’ll leave it at that.

Although I’m still confident in granting 3W’s motion to dismiss, Prof. LAPP thinks I’m wrong and B.M.W. will be receiving a check for $5.

Title VII: Employment Discrimination

Section 1: In order to eradicate the last
vestiges of arbitrary discrimination in employment within the nation, the
following civil liability should be imposed upon any employer doing business in
interstate commerce:

Section 2: Any employer doing business in
interstate commerce shall not discriminate on the basis of sex, race religion or
other arbitrary basis regarding hiring or firing of an
employee.

Sections 3 & 4 (Irrelevant to the question)

Note: The committee report attached to this bill indicates that it
was a direct response to the lack of state law recognizing such a cause of
action and the state court holdings that at common law there is no cause of
action against a private employer for wrongful denial of employment that is due
solely to discrimination based on race, color, religion, sex, or national
origin.

Question (2):

Fred is a homosexual. He has worked for 3W for 20 years. Just last year, he
publicly pronounced his sexual preference of being gay. 3W promptly fires
him. The legislative history shows that in the U.S. Senate, a formal
amendment to the bill of Title VII was proposed to add “sexual
preference.” It was unanimously voted down after the sponsor of the bill
stated on the floor that sex covered and included sexual preference. 3W
moves to dismiss the complaint filed by Fred. Black’s Law dictionary
defines sex as meaning gender. A medical dictionary defines sex as gender
or sexual preference. At common law, sex was meant to only include
gender. You are the Judge. Discuss the relevancy of the above facts
to your resolution of the meaning of the statute and decide the motion based
upon a construction of all relevant provisions of Title VII