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Trump administration twists anti-discrimination law to claim the KKK is a protected class

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In the circus surrounding the Masterpiece Bakeshop case, in which a Colorado baker refused to serve gay customers, lost a discrimination case and then appealed it all the way to the Supreme Court, a strange tidbit emerged yesterday. In explaining why Jack Phillips, the bakery’s owner, should not be compelled to serve people whose lifestyles go against his religious beliefs, Solicitor General Noel Francisco kept saying that a black sculptor should not be compelled to make art for the Ku Klux Klan.

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As Imani Gandy at Rewire pointed out Wednesday, Francisco, who serves as the government’s lawyer, got at least one half of his argument right — no lawyer could successfully argue that it’s discriminatory for an African-American artist to deny service to a KKK member. But that’s because, unlike LGBTQ people, KKK members are not members of a “protected class.”

“The anti-discrimination law doesn’t require every business to serve every person on the planet,” Gandy wrote. “It merely requires that a business not refuse service based on a person’s protected characteristic.”

Under Colorado’s anti-discrimination law, “places of public accommodation” like businesses, restaurants, stores and hotels are not permitted to refuse service to someone based on protected characteristics. Those characteristics include “disability, race, creed, color, sex, sexual orientation, marital status, national origin and ancestry.”

“A protected or ‘suspect’ class,” she continued, “is made up of ‘discrete and insular minorities’: a group of people who have historically been subjected to discrimination, comprise a discrete minority (meaning there aren’t a lot of them, percentage-wise), and have immutable characteristics (meaning characteristics that cannot be changed).”

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Being a member of the Klan or other bigoted groups is not unchangeable, nor does it subject one to historic discrimination (no matter what racist right-wingers would have you believe).


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‘Morrison in the USA sucking up to Trump’: Aussies furious to see prime minister campaigning for Trump

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President Donald Trump and Australian Prime Minister Scott Morrison appeared at a rally in Ohio Sunday, prompting Aussies to complain that it's unacceptable for their leader to be campaigning for Trump.

Trump invited himself to a Houston, Texas rally with Indian Prime Minister Narendra Modi, where he tried to campaign for the U.S. president with Indian-American voters. Sadly, however, nearly 80 percent of Indian-American voters cast their ballots for Hillary Clinton in 2016.

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Republicans love the Constitution — until it applies to them: Conservative columnist

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Conservative Washington Post columnist Max Boot unleashed on President Donald Trump's latest scandal he's calling Ukraine-gate. But when it comes to Republicans, he called them outright complicit.

In his Sunday column, Boot noted that a mob boss doesn't have to overtly say “pay up, or we will destroy your store” to be guilty of extortion. In Trump's case, he tends to say things in a way that it is understood what he wants people to do, according to former "fixer" Michael Cohen.

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Hate for Trump sets new record of Americans who can’t stand a president

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A new poll shows a record number of Americans can't stand the president of the United States.

According to the most recent NBC News/Wall Street Journal public opinion poll, an astounding 69 percent of Americans don't like Trump personally.

During the early 2000s, President George W. Bush enjoyed the benefit of Americans finding him likable and wanting to "have a beer" with the sober leader. That measure of "likability" has been a kind of inspiration for political leaders searching for voters based not on issues but on personality.

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