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DOJ Asks Supreme Court to Rule Against Transgender Workplace Discrimination Protection

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  • The Department of Justice filed a brief on Friday asking the Supreme Court to rule that Title VII of the Civil Rights Act of 1964 does not protect workplace discrimination on the basis of being transgender.
  • The DOJ filed the brief in response to a case against Harris Funeral Homes brought by Aimee Stephens, a transgender funeral director who says she was fired after coming out to her boss and saying she would wear a female uniform.
  • Harris Funeral Homes and the DOJ argue Title VII protects against discrimination based on biological sex only, while the Equal Employment Opportunity Commission says LGBTQ+ workers should be protected under sex-based discrimination.

DOJ Submits Brief Against Trans Protection

On Friday, the U.S. Department of Justice submitted a brief asking the Supreme Court to rule that Title VII of the Civil Rights Act of 1964 does not protect transgender individuals in the workplace.

The brief comes in response to an upcoming case the Supreme Court will hear in October concerning a transgender funeral director who was fired after coming out to her boss in 2013.

Title VII protects workers from employment discrimination on the basis of sex, race, color, religion, and national origin.

While some argue sexual orientation and gender identity are protected under the term “sex,” the DOJ argued “sex” only refers to a person’s biological sex. It said when the Civil Rights Act of 1964 was passed, the interpretation rested on the basis of biological sex.

In the brief, the DOJ stated “[Title VII] simply does not speak to discrimination because of an individual’s gender identity or a disconnect between an individual’s gender identity and the individual’s sex.”

Instead, it argued Title VII prohibits discrimination of people in similar positions and of the opposite biological sex.

The DOJ asserted any changes in the law should be made through Congress, not through the judicial system. Currently, no federal laws prohibit workplace discrimination on the basis of being transgender; however, in 2017, former Attorney General Jeff Sessions rescinded an Obama-era policy that included LGBTQ+ identities in the “sex” category.

“While the issue that the Supreme Court took up is a narrow one, whether civil rights protections against ‘sex’ discrimination passed in 1964 should include ‘gender identity’ and transgender rights, it will have vast implications for religious groups,” said Craig Parshall, General Counsel for National Religious Broadcasters. “There is an increasing movement to force faith-based employers to bend to the newly-minted doctrine that a person’s subjective ideas of how they think of their own gender should always prevail, regardless of the religious conscience of employers, businesses, and ministries.”

Meanwhile, the Human Rights Campaign and the American Civil Liberties Union have condemned the action.

“The Trump-Pence administration’s filing today is both legally and morally unjustifiable,” said HRC Legal Director Sarah Warbelow in a Friday statement“Their argument is un-American, anti-business, and flies in the face of decades of federal case law, including established Supreme Court precedent. There can be no justification for such a narrow interpretation of the term ‘sex.’ Our community will not be silent, and we will not be erased.” 

R.G. and G.R. Harris Funeral Homes V. EEOC & Aimee Stephens

Aimee Stephens worked for R.G and G.R. Harris Funeral Homes in Michigan as a funeral director from 2007 to 2013, presenting as a man for the six years of her employment.

In 2013, she decided to come out to her boss, Thomas Rost, in a letter where she stated she would begin wearing a woman’s uniform and start her transitioning process.

She said the decision came after many years of struggling to accept her identity. At one point in her life, she said she considered killing herself.

Though she said she hoped her job performance over the years would help ease her transition, she was fired soon after.

She then filed a complaint with the Equal Employment Opportunity Commission, which in turn, sued the funeral home for discrimination, sending the case to district court.

In court, the funeral home argued Stephens needed to wear a man’s uniform, saying that “[m]aintaining a professional dress code that is not distracting to grieving families is an essential industry requirement that furthers their healing process.”

Rost, who is a devout Christian, also said he does not believe people can change their gender and defended his firing of Stephens under the protection of the Religious Freedom Restoration Act.

The district ruled in favor of the funeral home on both points, concluding Title VII does not extend to discrimination on the basis of being transgender.

In 2018, Stephens and the EEOC appealed the case in circuit court, where it overturned the district decision and ruled in their favor.

“Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII,” the decision states. “The unrefuted facts show that the Funeral Home fired Stephens because she refused to abide by her employer’s stereotypical conception of her sex.”

The circuit also struck down the district’s religious freedom ruling.

This time, the funeral home sought to overturn the decision, arguing that the circuit court had over-reached its authority, and particularly, that it had expanded the definition of what it means to be a man or woman. It asked the U.S. Supreme Court to hear the case. In April, the Supreme Court agreed to hold a hearing.

“Harris Homes ‘administers its dress code based on [its] employees’ biological sex, not based on their subjective gender identity,’ the DOJ’s Friday brief states. “Rost has stated that he ‘believe[s] that the Bible teaches that a person’s sex is an immutable God-given gift,’ and he would ‘violat[e] God’s commands’ by ‘permit[ting] one of [Harris Homes’] funeral directors to deny their sex while acting as a representative of [the] organization’ or by permitting a funeral director of either sex to ‘wear the uniform for’ funeral directors of the opposite sex ‘at work.’”

The Supreme Court will also hear two LGBTQ+ other cases involving “sex” discrimination in relation to Title VII and sexual orientation.

See what others are saying: (CNN) (Time) (NBC)

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Trump’s Ukraine Call Prompts New Calls for Impeachment. Here’s What You Need to Know

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  • After repeatedly denying that he spoke about former Vice President Joe Biden in a call to the President of Ukraine, Trump backtracked Sunday and said that he had in fact discussed Biden, among other things.
  • The call became the center of controversy after the news broke about a whistleblower complaint involving Trump and inappropriate communications with a foreign leader.
  • A number of Democrats brought back the discussion of impeachment following the revelations, an idea that Republicans have generally pushed back against.

Whistleblower Complaint

President Donald Trump is facing renewed calls for impeachment after he admitted Sunday to discussing corruption accusations against former Vice President Joe Biden in a phone call with Ukraine’s president.

The phone call in question is at the center of a whistleblower complaint that has created a whirlwind in Washington and beyond.

Here’s what you need to know.

Origins of Complaint

It all started on Aug. 12, when a whistleblower in the intelligence community filed a complaint.

At the time, it was unclear where the whistleblower worked, but The Washington Post has since reported that the person “once worked on the staff of the White House National Security Council.” It is still unclear who that person is specifically. 

What we do know is that the complaint was filed with the Intelligence Community Inspector General (ICIG). The ICIG is basically what it sounds like: a watchdog who investigates allegations and complaints of misconduct in the intelligence community.

Right now, the ICIG is Michael Atkinson, a former Justice Department official who was confirmed to the post in 2018 after being nominated by Trump.

The whistleblower filed the complaint with the ICIG under a law called the Intelligence Community Whistleblowers’ Protection Act. That law says that once a misconduct complaint is filed, the ICIG has 14 days to decide if the complaint is both credible and of “urgent concern.” Atkinson determined that it was both. 

After that, the law says that the complaint must be sent to the Office of the Director of National Intelligence, which Atkinson did. That complaint was then received by the current acting Director of National Intelligence, Joseph Maguire, who notably has only held the position since Aug. 8.

Maguire then had seven days, until Sept. 2, to send the full complaint to the House and Senate intelligence committees. But he did not send the report.

On Sept. 9, a week after Maguire was supposed to send Congress the complaint, Atkinson sent a letter to the House Intelligence Committee to tell them that the complaint existed.

The next day, Rep. Adam Schiff (D-CA), the chairman of that committee, sent a letter to Maguire demanding he send the complaint and accusing him of breaking the law by not doing so.

Notably, Schiff also indicated in the letter that the committee thought the White House could be interfering in preventing the complaint from being sent to Congress.

The legal counsel for the Office of the Director of National Intelligence responded to Schiff in another letter a few days later on Sept. 13.

There, they argued that they did not have to turn over the complaint to Congress because they had decided it was not actually an “urgent concern” and because it involved someone outside of the intelligence community.

Schiff responded in yet another letter the same day, where he said the Director of National Intelligence did not have the legal authority to overrule an ICIG decision or withhold it from the congressional intelligence committees.

He noted that this was the first known time a Director of Intelligence overruled the ICIG to withhold a whistleblower complaint.

Also of massive significance in that letter was this excerpt:

“The Committee can only conclude, based on this remarkable confluence of factors, that the series misconduct at issue involves the President of the United States and/or other senior White House or Administration officials.”

That excerpt continued:

This raises grave concerns that your office, together with the Department of Justice and possibly the White House, are engaged in an unlawful effort to protect the President and conceal from the Committee information related to his possible ‘serious or flagrant’ misconduct, abuse of power, or violation of law.”

Media Discovers Nature of Complaint

That brings us to this past Wednesday when The Washington Post reported that the complaint in question involved Trump’s communications with a foreign leader, according to two foreign intelligence officials who were familiar with the situation.

“Trump’s interaction with the foreign leader included a ‘promise’ that was regarded as so troubling that it prompted an official in the U.S. intelligence community to file a formal whistleblower complaint with the inspector general for the intelligence community,” the Post stated.

Then on Thursday, it was reported that the people familiar with the complaint said it had to do, at least in part, with Ukraine. The next day, sources said that the complaint had to do with a call between Trump and the newly elected President of Ukraine Volodymyr Zelensky in July.

According to those reports, during that call, Trump had told the Ukrainian president to investigate Joe Biden’s son, Hunter Biden, who had served on a board of a Ukrainian gas company while his father was U.S. vice president.

Hunter Biden joined that board back in 2014. Two years later, Ukraine’s prosecutor general was removed from his position after receiving pressure from then-VP Biden and others.

That reportedly prompted the Ukrainian prosecutor general to claim he was ousted because he was investigating the gas company’s payments to Hunter Biden. Ukranian officials reported earlier this year they found no evidence of wrongdoing.

The revelation that the whistleblower complaint involved Trump asking Ukraine to investigate Hunter Biden led many to speculate that Trump was using the $250 million of military and intelligence aid the U.S. had promised to give to Ukraine as leverage to get them to do political favors.

Some also noted that the U.S. had withheld that aid until Sept. 12, when the congressional battle over the whistleblower complaint began to heat up. Those theories have not been confirmed.

On Friday afternoon, the Wall Street Journal reported that on the July phone call, Trump “repeatedly pressured the president of Ukraine to investigate Joe Biden’s son, according to people familiar with the matter, urging Volodymyr Zelensky about eight times to work with Rudy Giuliani on a probe that could hamper Mr. Trump’s potential 2020 opponent.”

Giuliani, Trump’s lawyer, who had previously denied asking Ukraine to investigate Biden before admitting he had in fact done so, defended his efforts in a tweet.

Trump Denies Claims

Trump for his part has been very vocal throughout the whole process, often taking to Twitter to deny the allegations and call them fake news.

“Another Fake News story out there – It never ends!” the president tweeted Thursday. “Knowing all of this, is anybody dumb enough to believe that I would say something inappropriate with a foreign leader while on such a potentially ‘heavily populated’ call.”

The media was able to get a bit more information during a press briefing on Friday. 

“It’s a partisan whistler blower. It shouldn’t even have information,” he said. “I’ve had conversations with many leaders they’re always appropriate.” 

He also said he did not know what conversation the whistleblower was referring to specifically.

“I had a great conversation with numerous people, I don’t even know exactly who you’re talking about,” he told reporters.

But a little later, he did seem to indicate there was one specific conversation, though he would not answer questions about whether or not he talked about Biden in that conversation.

“I don’t know the identity of the whistleblower, I just hear it’s a partisan person,” he reiterated. “Meaning it comes out from another party, but I don’t have any idea. But I can say that it was a totally appropriate conversation. It was actually a beautiful conversation.”

In that same briefing, a reporter also asked Trump if he had read the complaint.

“No I haven’t,” he responded, before adding, “Everybody’s read it they laugh at it.”

Over the weekend Trump continued to tweet about the situation, notably referring to it as a “Witch Hunt” and continuing to attack the media.

On Saturday, Ukraine’s foreign minister was reportedly quoted telling a Ukrainian news outlet that Ukraine did not feel pressured by the phone call.

“I know what the conversation was about and I think there was no pressure,” he said. “This conversation was long, friendly, and it touched on many questions, sometimes requiring serious answers.”

That statement prompted some tweets from Trump on Sunday. He also added that the whistleblower did not have “a first hand account of what was said.”

On Monday, Fox News reported that a person familiar with the complaint told them that the whistleblower did not have “firsthand knowledge.”

Trump continued to defend himself Monday. According to CNN, the president said that “Joe Biden and his son are corrupt.” He also directly denied that he put pressure on Ukraine.

“I did not make a statement that ‘you have to do this or I’m not going to give you aid. I wouldn’t do that,” Trump said. “There was no pressure put on them whatsoever. I put no pressure on them whatsoever. I could have. I think it probably, possibly would have been OK if I did.”

Trump Admits He Spoke to Ukraine About Biden

However, later on Sunday, Trump directly said that he did speak about Biden in his phone call with Zelensky.

“We had a great conversation. The conservation I had was largely congratulatory, was largely corruption, all of the corruption taking place, was largely the fact that we don’t want our people, like Vice President Biden and his son creating to corruption already in the Ukraine,” the president told reporters.

Trump again addressed the situation later in the day, where he said he would have a right to ask Zelensky to investigate Biden.

Impeachment Debate

The events of the last week have prompted a discussion about impeachment.

Speaker of the House Nancy Pelosi, who has continually resisted impeachment calls in the past, released a statement on Sunday. The statement did not mention impeachment, but still condemned Trump’s actions and hinted at investigations.

“If the Administration persists in blocking this whistleblower from disclosing to Congress a serious possible breach of constitutional duties by the President, they will be entering a grave new chapter of lawlessness which will take us into a whole new stage of investigation,” the statement said.

That followed comments the speaker made last week while talking to NPR. In an interview, Pelosi did not call to impeach but instead said that laws should be changed to allow a sitting president to be indicted.

Biden for his part has called for the transcript of the call to be released. Trump told reporters on Sunday that he would “love to” release the transcript, but that others in the administration are “a little shy” about it.

“Let’s be clear, Donald Trump pressured a foreign government to interfere in our elections,” the former vice president wrote on Twitter. “It goes against everything the United States stands for. We must make him a one-term president.”

Other Democrats have taken more firm stances. 

“At this point, the bigger national scandal isn’t the president’s lawbreaking behavior – it is the Democratic Party’s refusal to impeach him for it,” Rep. Alexandria Ocasio-Cortez (D-NY) said in a tweet on Saturday.

Similarly, Schiff, who has generally held back from calling for impeachment, said Sunday he now might see it as an option.

“If the President is essentially withholding military aid at the same time that he is trying to browbeat a foreign leader into doing something illicit that is providing dirt on his opponent during a presidential campaign, then that may be the only remedy that is coequal to the evil that conduct represents,” he told CNN’s Jake Tapper when asked if he thought impeachment could be a solution.

However, Republicans remain largely opposed to the idea of impeachment.

“Only 37% of Americans support impeachment,” Rep. Mike Bost (R-IL) said on Twitter. “But Democrats continue to waste taxpayer time on impeachment efforts. It’s past time they stop the political games.”

House Republican Whip Steve Scalise said in a tweet that there is “no reason” to impeach.

Sen. Lindsey Graham (R-SC) also ridiculed the idea of impeachment on Twitter.

However, not all Republicans think the situation is so cut and dry.

“If the President asked or pressured Ukraine’s president to investigate his political rival, either directly or through his personal attorney, it would be troubling in the extreme,” Sen. Mitt Romney (R-UT) wrote on Twitter.

See what others are saying: (Vox) (CNN) (Fox News)

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Trump Rolls Back California Emissions Standards in Move That Could Ultimately Weaken Federal Standards

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  • The Trump administration revoked a waiver that allows California to set its own car emissions standards, the tightest regulations in the country. 
  • The move is part of Trump’s plan to roll back federal emissions standards set by President Barack Obama.
  • While Trump says a rollback will lead to safer and more fuel-efficient cars, analysts warn it could lead to increased fuel use, increased carbon emissions, higher vehicle costs, and lower vehicle sales.

Why is Trump Rolling Back Standards?

The Trump administration revoked a waiver from the federal government on Thursday that allows the state of California to enact stricter car emissions standards.

The move is part of Trump’s plan to roll back federal emissions standards set by President Barack Obama during his first term. 

In a series of tweets announcing the revocation on Wednesday, Trump argued that a rollback of regulations would lead to safer and less expensive cars as well as “little difference” in emissions. 

“The Trump Administration is revoking California’s Federal Waiver on emissions in order to produce far less expensive cars for the consumer, while at the same time making the cars substantially SAFER,” the president tweeted. “This will lead to more production because of this pricing and safety advantage, and also due to the fact that older, highly polluting cars, will be replaced by new, extremely environmentally friendly cars.”

“There will be very little difference in emissions between the California Standard and the new U.S. Standard,” Trump continued, “but the cars will be far safer and much less expensive. Many more cars will be produced under the new and uniform standard, meaning significantly more JOBS, JOBS, JOBS! Automakers should seize this opportunity because without this alternative to California, you will be out of business.”

On the claims of increased safety, the Trump administration says ditching Obama-era standards could prevent almost 12,700 car-related deaths over the next 13 years. However, an analysis by the Obama White House claimed the tighter standards would lead to 100 fewer deaths. 

An analysis by Consumer Reports predicted President Trump’s plan could lead to increased fuel costs, higher vehicle costs, and fewer vehicle sales. The nonprofit organization also said rollbacks could harm but “certainly would not improve” highway safety. 

Also according to Consumer Reports, a federal rollback could increase the country’s oil consumption by 320 billion gallons between 2021 and 2035 and would increase emissions by three gigatonnes. 

Despite urging automakers to “seize” on the opportunity, four automakers—Ford, Honda, Volkswagen, and BMW—struck a deal with California in July to continue manufacturing cars under stricter standards even if Trump abolished those rules. That then led the Justice Department to investigate the companies for potentially violating antitrust laws. 

How Will This Affect the Country’s Emission Standards?

The longstanding series of waivers to California began with the Clean Air Act of 1970. Since then, 13 other states have adopted California’s strict emissions standards, with the state influencing national—and, at times, international—policy. 

Tailpipe emissions are the leading form of greenhouse gas pollution in the United States, comprising about 20% of the country’s pollution. 

California state officials have said they will block the move, with attorney general Xavier Becerra saying he will sue the Trump Administration, which he claims is violating California’s state rights. 

Some legal experts have begun analyzing how either scenario could play out, with one being that if Trump’s move was ultimately upheld by the Supreme Court, it could block states from setting standards for tailpipe pollution. Alternatively, if the Court were to strike it down, that could allow states to set their own emissions standards. Under the second situation, it is likely some states would set tougher laws than others, which could impact how automakers build cars.

Some, including head of the Environmental Protection Agency Andrew Wheeler, claimed California unfairly dictated standards for the nation. 

“The California emissions regulations would impact Americans in other states who have no ability to vote those state legislators out of office,” FreedomWorks, a libertarian advocacy group, said in a statement. “It is regulation without representation at its worst.”

Additionally, Trump plans to reduce a federal Obama-era goal that would require cars to operate at an average of 54 miles per gallon by 2025 down to an average of 37 miles per gallon. The Obama standard is expected to eliminate six billion tons of carbon dioxide pollution, but the Trump Administration has argued that the regulations are unattainable. 

San Francisco Homelessness Violation

In addition to the revocation announcement, Trump also said Wednesday he will be issuing the city of San Francisco an environmental violation because of the city’s homeless population. 

In his reasoning, Trump argued that needles and other waste are turning up on the ocean.

“They’re in serious violation,” he said on Air Force One. “They have to clean it up. We can’t have our cities going to hell.”

San Francisco Mayor London Breed called the remarks “ridiculous” and said the city’s sewage is filtered at wastewater treatment plants instead of draining into the ocean.

As far as the violation goes, it is unclear at this time what that will look like. 

See what others are saying: (The Los Angeles Times) (CBS) (WIRED)

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Ethan Lindenberger “Frustrated” After Being Placed Among Photos of “Dead” Children at Anti-vax Vigil

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  • California Governor Gavin Newsom signed two new vaccination bills on Sept. 9, primarily aimed at reducing the number of childhood medical exemptions issued by the state.
  • Protests at the Capitol temporarily shut down the legislature as the bills were being passed, but protests ramped up later in the week when a woman threw a menstrual cup with what appeared to be blood in it onto senators.
  • Another protest led by an anti-vax group included a vigil for children they claimed had either been harmed or died from vaccines—including 18-year-old Ethan Lindenberger, who garnered national attention after vaccinating himself against his parents’ wishes.

Lindenberger Photo At Anti-vax Vigil

Pro-vaccine advocate Ethan Lindenberger expressed frustration after an anti-vax group displayed his photo among others of children they claimed were either dead or harmed by vaccines.

The vigil followed the passage of two bills aimed at making it harder for parents to get medical exemptions for their children’s vaccinations in California last week.

Lindenberger, who attracted national attention when he spoke to the U.S. Senate after vaccinating himself against his mother’s wishes, said he was at the Global Vaccination Summit in Belgium when he learned his photo was included in the vigil and he immediately thought it was a joke. 

“I was just really confused cause I’m looking through this photo that this anti-vaxxer’s sharing, and they’re totally like, ‘Look at all these dead people,’ and I’m there,” Lindenberger said to Rogue Rocket. “Part of me is like, ‘This is wild,’ so I went through their history to see if they were trolls. Nope, totally legitimate person. And when I shared it with some of my Facebook friends, they were like, this is an actual event… This is actually a thing.”

“And so my whole mindset was like, this is just so wild and proves how half these kids might not actually be dead,” he continued. “It was so frustrating but also—this was like a comedy show. This is not real life. This can’t be real life.”

Just a couple rows above Lindenberg, the anti-vax protestors also included a stock photo of a baby receiving a shot.

Shortly after learning of his photo, Lindenberger posted his reaction on Twitter. 

Over the next few days, Lindenberger defended himself on Twitter as people accused him of being immature, photoshopping the photo, or selling out to a pharmaceutical company.

Ultimately though, Lindenberger stressed that he believes most anti-vaxxers mean well but are the unfortunate targets of misinformation campaigns.

“These people aren’t bad people,” Lindenberger said. “They’re just like misinformed, and even though this vigil was hosted by some people that obviously had no idea what they were doing, they’re just trying to convince people that all these children are dying. A lot of people are just asking questions. That’s why it’s important to just engage with them and just be kind and try to answer questions even if it’s frustrating.” 

Newsom Signs Vaccine Bill

The Sep. 11 vigil followed California Governor Gavin Newsom’s signing of two bills on Sep. 9. 

The first, SB276, permits the California Department of Public Health to investigate any doctor who grants more than five medical exemptions in a year. It will also allow the state to revoke any medical exemptions it deems “inappropriate.”

Before signing that bill, Newsom demanded a companion bill be introduced, which allows students with existing medical exemptions to keep those exemptions until they meet specific educational benchmarks. 

Currently, California requires the submission of vaccination records or exemption statuses for kindergarten, seventh grade, and when a student changes schools. Under the new law, any child who receives a medical exemption before 2020 will still be able to enroll in school under their next grade span.

For example, a student who is in first grade this year with a medical exemption for vaccinations would not need to renew their exemption until entering the seventh grade. Additionally, medically exempt students in seventh grade this year will be able to go through the end of high school without vaccinations.

Other aspects of the bill include limiting temporary exemptions to one-year and allowing the Department of Health to review medical exemptions at schools where the vaccination rate is under 95% or at schools that do not report their vaccination rates.

While those bills were being debated in the legislature, a number of people outside the Capitol in Sacramento protested the bills, with one of the main arguments being that the bills would damage doctor-patient relationships.

“I do not believe I will be writing any more exemptions, even when I feel like they would be appropriate,” Dr. Dane Fleidner, a pediatrician specializing in holistic medicine, told Newsom in a letter. “I do not believe anyone else will either… I have had to put a complete moratorium on medical exemptions due to the nature of this legislation.”

The bill, however, was co-sponsored by the American Academy of Pediatrics and the California Medical Association.

Before the bills were passed, protestors blocked entrances, temporarily shutting down the chamber floors. Several people were even arrested, and even after the bills were passed, protestors again shut down the floor. 

Those bills come after growing concerns about the number of unvaccinated children in the U.S. Notably, the country faces a resurgence in measles, with the Centers for Disease Control and Prevention reporting over 1,200 cases this year—a massive spike in cases from recent years.

In California, the statewide immunization rate for kindergarteners has fallen below 95%, with 16% of counties reporting their immunization rates were actually under 90%. A 95% immunization rate is considered the standard threshold for herd immunity.

All of that comes in spite of messages from doctors that vaccines are safe and effective for the overwhelming majority of people.

“Blood” Thrown on Senators

Following the initial protests and the vigil, a woman sitting in the California Senate visitors’ gallery Friday hurled what appeared to be blood onto senators while yelling, “That’s for the babies!”

Investigators later determined she threw a menstrual cup, it’s unknown if the red liquid in it was real blood.

That woman—identified as Rebecca Lee Dalelio, 43—now faces assault charges, as well as charges for vandalism and disrupting the legislature.

See what others are saying: (Sacramento Bee) (KCRA) (CNN)

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