Texas Lawsuit says Bisexuals Not Covered by Employment Protections

AUSTIN, TX — (09-28-22) — A hardline Christian activist and an evangelical church in North Texas says that federal employment protections for LGBT workers do not apply to bisexuals.

In a brief filed with the federal appeals court last week, lawyers for Braidwood Management, a business owned by anti-LGBT activist Steven Hotze and evangelical church Bear Creek Bible Church in Keller, argued that the U.S. Supreme Court’s 2020 decision barring employment discrimination based on sexual orientation or gender identity does not apply to bisexuals, as long as bi men are being discriminated against “on equal terms” as bi women.

Lawyers for Braidwood Management, a business owned by anti-LGBT activist Steven Hotze and evangelical church Bear Creek Bible Church in Keller, said in the lawsuit…“An employer who discriminates on account of an employee or job applicant’s bisexual orientation (or conduct) cannot engage in ‘sex’ discrimination as defined. “Because that employer would have taken the exact same action against an identically situated individual of the opposite biological sex.”

In a recent Gallup poll, Bisexuals made up the majority, nearly 57%, of Americans who identified as LGBT. The percentage of Americans identifying as bisexual, or attracted to more than one gender, is highest among those born between the mid-to-late 1990s and the early 2010s. According to the Gallup poll, nearly one in six members of Generation Z who were surveyed identified as bisexual.

If they are successful in court, employers with a sincere religious belief would be carved out of the 2020 ruling in Bostock vs. Clayton County that barred sex-based discrimination in the workplace.

Article by: Paul Goldberg, Staff Writer

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