Wednesday, December 20, 2017

Sorry Alliance Defending Freedom, but Kelvin Cochran did not win his case

Kelvin Cochran's 'religious freedom' martyrdom failed in the courts.

No matter how much prestige it may receive or how thick  the cloak of morality it may drape itself with, an organization dedicated to undermining  LGBTQ equality via lies and misdirection will always show itself as the brazen nest of hypocrites it is.

I speak of the anti-LGBTQ hate group the Alliance Defending Freedom. Today it claimed a victory in court regarding a fired Atlanta fire chief. However it turns out that their cheering was a simple misdirection:

A federal district court ruled Wednesday that city of Atlanta rules which led to the termination of Fire Chief Kelvin Cochran are unconstitutional. The court found that the city’s policies restricting non-work speech, like a book for Christian men that Cochran wrote, are too broad and allow city officials to unconstitutionally discriminate against views with which they disagree. 
“The government can’t force its employees to get its permission before engaging in free speech,” said ADF Senior Counsel Kevin Theriot, who argued before the court on behalf of Cochran last month. “In addition, as the court found, the city can’t leave such decisions to the whims of government officials. This ruling benefits not only Chief Cochran, but also other employees who want to write books or speak about matters unrelated to work. Atlanta can no longer force them to get permission or deny them permission just because certain officials disagree with the views expressed.” 
With regard to the city’s “pre-clearance” rules, the U.S. District Court for the Northern District of Georgia wrote in its decision in Cochran v. City of Atlanta, “This policy would prevent an employee from writing and selling a book on golf or badminton on his own time and, without prior approval, would subject him to firing. It is unclear to the Court how such an outside employment would ever affect the City’s ability to function, and the City provides no evidence to justify it…. The potential for stifled speech far outweighs an unsupported assertion of harm.” 
The court added that provisions within the rules “do not set out objective standards for the supervisor to employ.” “This does not pass constitutional muster,” the court concluded. 
Cochran wrote a 162-page devotional book on his personal time that briefly mentions his Christian views on sex and marriage. Atlanta Mayor Kasim Reed suspended Cochran for 30 days without pay and announced that he would have to complete “sensitivity training.” Reed then fired him, even though a city investigation concluded that he did not discriminate against anyone.

This press release by ADF omitted a lot of information as to what the court actually said. In truth, Cochran won on only two claims he filed. However, he lost on the claims of free speech retaliation, viewpoint discrimination, and association.

Those last three were major claims because ADF and others of its ilk was pushing this as a "religious freedom case."

Feel free to read the court ruling yourself. 

Or if you want a summary, the following is a breakdown on twitter of the court ruling by the independent news service TPF News:

And according to Equality Files:

So basically, in spite of what ADF and other religious right groups may say, Cochran did not win this case. He won on two claims, but the claims, i.e. the ones for which Cochran was anointed by the religious right as a martyr of free speech and religious freedom, were the ones in which the court DID NOT rule in his favor.

It helps to get the truth out because no matter how many times people lie, the truth will always come shining through. It can't be completely destroy nor can it be diminished by lies or spin.

1 comment:

junesxing said...

perception is everything, and if they are determined to perceive his loss as a victory, then for them it is.