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Is It OK to Fire a Gay Person? Kavanaugh Won't Say

Cory Booker and Brett Kavanaugh

After sidestepping Sen. Kamala Harris, Brett Kavanaugh evaded yet another question on LGBTQ rights, this time from Sen. Cory Booker.

Confirmation hearings for Donald Trump's Supreme Court pick Brett Kavanaugh continued on Thursday with the nominee refusing to answer basic questions about where he stands on LGBTQ issues.

Kavanaugh blathered, dissembled, and ultimately failed to provide an answer when California's Democratic Senator Kamala Harris asked for his personal opinion about whether or not marriage equality should be legal.

He used the same tactic when New Jersey's Democratic Senator Cory Booker asked if he "morally" considered it wrong to fire a person based on their sexual identity.

"Would it be wrong to fire a gay person?" Booker asked.

"In my workplace, I hire people because of their talents and abilities," Kavanaugh said, opening the door for Booker to come at it from another angle.

"Maybe I can shift then. Morally, you think it's right to hire people, it doesn't matter their background," Booker said. "For someone to fire someone just because they're gay... do they have a legal right to fire someone just because they're gay in your opinion?"

"The question, as I'm sure you're aware, of the scope of employment discrimination laws being litigated right now and therefore..." Kavanaugh began without finishing. "I'd like to talk to you about this more. Because that issue is in a variety of cases right now, it would be inconsistent, as I'm sure you can understand..."

Booker then name-checked his colleagues, including Harris, who've held Kavanaugh's feet to the fire regarding his stance on social issues.

"There are a lot of folks who have concerns that if you get on the court -- folks who are married right now really have a fear that they will not be able to continue those marital bonds. We still have a country where, if you post your Facebook pictures up of your marriage to someone of the same sex, we still have a majority of the states where if that employer of yours finds out that you've got a gay marriage and that you're gay, in the majority of America states, you can fire somebody because they're gay," Booker said.

"I guess you're not willing to tell me whether you personally, morally now, think that that's right or wrong," he added.

As it turned out Kavanaugh was not willing to tell Booker where he stood "morally" on the issue of firing someone for being gay.

"I'm a judge, and with the cases that you're well aware of now pending in the courts about the scope of the civil rights laws, the employment discrimination laws, of course, Congress can always make that clear..." Kavanaugh said.

"That's what I want to get to the point that you won't give me a moral answer because of the pending cases," Booker responded, shutting it down.

Sarah Kate Ellis, CEO of GLAAD, slammed Kavanaugh's nonresponse to Booker and Harris on questions related to LGBTQ rights.

"Judge Kavanaugh refuses to answer simple questions on the dignity of LGBTQ Americans and is unfit to serve on the Supreme Court," said Ellis. "With the world watching, Kavanaugh refused to tell LGBTQ Americans that we deserve equal protections under the law and Congress should take action before appointing him to a lifetime position where he will no doubt work to undermine our basic rights to liberty and justice."

Watch the interaction with Booker below.

Confirmation hearings for Donald Trump's Supreme Court pick Brett Kavanaugh continued on Thursday with the nominee refusing to answer basic questions about where he stands on LGBTQ issues.

Kavanaugh blathered, dissembled, and ultimately failed to provide an answer when California's Democratic Senator Kamala Harris asked for his personal opinion about whether or not marriage equality should be legal.

He used the same tactic when New Jersey's Democratic Senator Cory Booker asked if he "morally" considered it wrong to fire a person based on their sexual identity.

"Would it be wrong to fire a gay person?" Booker asked.

"In my workplace, I hire people because of their talents and abilities," Kavanaugh said, opening the door for Booker to come at it from another angle.

"Maybe I can shift then. Morally, you think it's right to hire people, it doesn't matter their background," Booker said. "For someone to fire someone just because they're gay... do they have a legal right to fire someone just because they're gay in your opinion?"

"The question, as I'm sure you're aware, of the scope of employment discrimination laws being litigated right now and therefore..." Kavanaugh began without finishing. "I'd like to talk to you about this more. Because that issue is in a variety of cases right now, it would be inconsistent, as I'm sure you can understand..."

Booker then name-checked his colleagues, including Harris, who've held Kavanaugh's feet to the fire regarding his stance on social issues.

"There are a lot of folks who have concerns that if you get on the court -- folks who are married right now really have a fear that they will not be able to continue those marital bonds. We still have a country where, if you post your Facebook pictures up of your marriage to someone of the same sex, we still have a majority of the states where if that employer of yours finds out that you've got a gay marriage and that you're gay, in the majority of America states, you can fire somebody because they're gay," Booker said.

"I guess you're not willing to tell me whether you personally, morally now, think that that's right or wrong," he added.

As it turned out Kavanaugh was not willing to tell Booker where he stood "morally" on the issue of firing someone for being gay.

"I'm a judge, and with the cases that you're well aware of now pending in the courts about the scope of the civil rights laws, the employment discrimination laws, of course, Congress can always make that clear..." Kavanaugh said.

"That's what I want to get to the point that you won't give me a moral answer because of the pending cases," Booker responded, shutting it down.

Sarah Kate Ellis, CEO of GLAAD, slammed Kavanaugh's nonresponse to Booker and Harris on questions related to LGBTQ rights.

"Judge Kavanaugh refuses to answer simple questions on the dignity of LGBTQ Americans and is unfit to serve on the Supreme Court," said Ellis. "With the world watching, Kavanaugh refused to tell LGBTQ Americans that we deserve equal protections under the law and Congress should take action before appointing him to a lifetime position where he will no doubt work to undermine our basic rights to liberty and justice."

Watch the interaction with Booker below.

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Tracy E. Gilchrist

Tracy E. Gilchrist is the VP, Executive Producer of Entertainment for the Advocate Channel. A media veteran, she writes about the intersections of LGBTQ+ equality and pop culture. Previously, she was the editor-in-chief of The Advocate and the first feminism editor for the 55-year-old brand. In 2017, she launched the company's first podcast, The Advocates. She is an experienced broadcast interviewer, panel moderator, and public speaker who has delivered her talk, "Pandora's Box to Pose: Game-changing Visibility in Film and TV," at universities throughout the country.
Tracy E. Gilchrist is the VP, Executive Producer of Entertainment for the Advocate Channel. A media veteran, she writes about the intersections of LGBTQ+ equality and pop culture. Previously, she was the editor-in-chief of The Advocate and the first feminism editor for the 55-year-old brand. In 2017, she launched the company's first podcast, The Advocates. She is an experienced broadcast interviewer, panel moderator, and public speaker who has delivered her talk, "Pandora's Box to Pose: Game-changing Visibility in Film and TV," at universities throughout the country.