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Biden firma l’ordine contro «le discriminazioni per identità di genere od orientamento sessuale»

L'ATTO ESECUTIVO, UNO DEI PRIMI DEL PRESIDENTE USA, RECEPISCE LA DECISIONE "BOSTOCK V. CLAYTON COUNTY"

Francesco Lepore by Francesco Lepore
22 Gennaio 2021
in Mondo
Ph. Pagina Fb di Joe Biden

Tra i 17 ordini esecutivi firmati da Joe Biden il 20 gennaio subito dopo l’insediamento c’è anche quello «sulla prevenzione e la lotta alla discriminazione sulla base dell’identità di genere o dell’orientamento sessuale».

Recependo il disposto di varie leggi antidiscriminatorie e, soprattutto, della decisione Bostock v. Clayton County (15 giugno 2020), con cui la Corte Suprema ha stabilito che il divieto di discriminazione lavorativa del Titolo VII del Civil Rights Act del 1964 «sulla base del sesso» è da estendersi anche all’«orientamento sessuale e identità di genere», Biden ha fra l’altro ordinato a ogni responsabile di agenzia federale di «rivedere tutti gli ordini, i regolamenti, i documenti guida, le politiche, i programmi o altre azioni dell’agenzia esistenti (“azioni dell’agenzia”) che sono stati promulgati o amministrati dall’agenzia ai sensi del Titolo VII o qualsiasi altro statuto o regolamento che proibisca la discriminazione sessuale».

Di rilievo la sezione 1 dell’ordine esecutivo, dove vengono esposti i principi base da cui discendono le varie misure prescritte. Balza subito all’occhio il riferimento ai minori, cui è negato «l’accesso al bagno, agli spogliatoi o agli sport scolastici» relativamente al genere in cui si identificano.

«Le persone – continua l’ordine esecutivo – dovrebbero poter accedere all’assistenza sanitaria e assicurarsi un tetto sopra la testa senza subire discriminazioni sessuali. Tutte le persone dovrebbero ricevere parità di trattamento ai sensi della legge, indipendentemente dalla loro identità di genere o orientamento sessuale. Questi principi si riflettono nella Costituzione, che promette uguale protezione delle leggi».

Precisando come secondo il ragionamento della decisione della Corte Suprema «le leggi che proibiscono la discriminazione sessuale – inclusi gli emendamenti al Titolo IX sull’Istruzione del 1972, come modificato (20 U.S.C. 1681 e seguenti), il Fair Housing Act come modificato (42 U.S.C. 3601 e seguenti), e la sezione 412 dell’Immigration and Nationality Act, come modificato (8 U.S.C. 1522), insieme ai rispettivi regolamenti di attuazione – proibiscono la discriminazione sulla base dell’identità di genere o dell’orientamento sessuale, a condizione che le leggi non contengano sufficienti indicazioni contrarie», il presidente Biden osserva: «La discriminazione sulla base dell’identità di genere o dell’orientamento sessuale si manifesta in modo diverso per i diversi individui e spesso si sovrappone ad altre forme di discriminazione vietata, inclusa quella basata sulla razza o sulla disabilità».

Viene, ad esempio, ricordato che «le persone afroamericane transgender affrontano livelli incredibilmente alti di discriminazione sul posto di lavoro, in tema di abitazione e violenza, inclusa la morte. È politica della mia amministrazione prevenire e combattere la discriminazione sulla base dell’identità di genere o dell’orientamento sessuale e applicare pienamente il titolo VII e altre leggi che vietano la discriminazione sulla base dell’identità di genere o dell’orientamento sessuale. È anche politica della mia amministrazione affrontare le forme di discriminazione sovrapposte».

Insomma, una totale inversione di rotta rispetto a Trump, uno dei cui primi atti, appena eletto, fu quello di cancellare dal sito della Casa Bianca la specifica pagina dedicata ai diritti delle persone Lgbti.

 

 

 

 

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Ph. Carla Catena

Addio a Liana Borghi, intellettuale lesbofemminista e studiosa del pensiero queer

22 Novembre 2021
Ph. ATN Napoli

A Roma centinaia di persone per la Trans Freedom March in occasione del TDoR

21 Novembre 2021

Di Mauro: «I miei versi trasmettono una verità e la verità è di per sé scandalosa in una società bigotta»

16 Novembre 2021
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Il 29 maggio 1998, un venerdì, prende il via la grande avventura del primo quotidiano on-line Lgbti in Italia. NOI (ora Gaynews.it) Notizie Omosessuali Italiane, diretta da Franco Grillini, eredita la testata di “CON/TATTO” registrata al Tribunale di Bologna fin dal 1989 e “organo” dell’ARCIGAY, che esce con 14 numeri prima di cedere il passo alla nuova impresa telematica.

Ph. Carla Catena

Addio a Liana Borghi, intellettuale lesbofemminista e studiosa del pensiero queer

22 Novembre 2021
Ph. ATN Napoli

A Roma centinaia di persone per la Trans Freedom March in occasione del TDoR

21 Novembre 2021

Di Mauro: «I miei versi trasmettono una verità e la verità è di per sé scandalosa in una società bigotta»

16 Novembre 2021

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