WASHINGTON (AP) — The Supreme Court is set to hear arguments in two of the term’s most closely watched cases over whether federal civil rights law protects LGBT people from job discrimination.

The cases Tuesday are the court’s first on LGBT rights since Justice Anthony Kennedy’s retirement and replacement by Justice Brett Kavanaugh. A decision is expected by early summer 2020, amid the presidential election campaign.

The issue is whether a key provision of the Civil Rights Act of 1964 that bars discrimination in employment because of sex covers LGBT people.

A ruling for employees who were fired because of their sexual orientation or gender identity would have a big impact for the estimated 8.1 million LGBT workers across the country because most states don’t protect them from workplace discrimination. An estimated 11.3 million LGBT people live in the U.S., according to the Williams Institute at the UCLA law school.

Kennedy was a voice for gay rights and the author of the landmark ruling in 2015 that made same-sex marriage legal throughout the United States. Kavanaugh generally is regarded as more conservative.

The Trump administration has changed course from the Obama administration and now supports the employers in arguing that the civil rights law’s Title 7 does not prohibit discrimination because of sexual orientation or transgender status.

People have been waiting in line outside the court since the weekend to try to snag the few seats the court makes available to the public for arguments.

The justices will first hear appeals in lawsuits filed by Gerald Lynn Bostock, who claims he lost his job working for Clayton County, Georgia, after he began playing in a gay recreational softball league. He lost his case in federal district court and at the 11th U.S. Circuit Court of Appeals in Atlanta.

Skydiving instructor Donald Zarda was fired shortly after telling a woman he was preparing to take on a dive that he was gay. Zarda, who worked for Altitude Express on New York’s Long Island, said he would sometimes reveal his sexual orientation to allay concerns women might have about being strapped together during a dive.

Zarda initially lost his lawsuit, but the 2nd U.S. Circuit Court of Appeals ruled for him. Zarda has since died.

The other case involves fired transgender funeral home director Aimee Stephens. She lost her job when she told Thomas Rost, owner of the Detroit-area R.G. and G.R. Harris Funeral Homes, that she had struggled with gender identity issues almost her whole life. She was planning to exchange the dark suit and tie she had worn to work for nearly six years as an embalmer and funeral director for a conservative dress or skirt that was required for women who worked for Rost.

Rost told Stephens her plan wouldn’t work and let her go. The federal Equal Employment Opportunity Commission sued on her behalf and, after losing in a district court, won a ruling in the 6th U.S. Circuit Court of Appeals in Cincinnati.

During the Obama years, the EEOC had changed its longstanding interpretation of civil rights law to include discrimination against LGBT people. The law prohibits discrimination because of sex, but has no specific protection for sexual orientation or gender identity.

The Trump administration and the employers say Congress could easily settle the matter by amending Title 7 to include LGBT people. Legislation to that effect is pending in Congress, but is not likely to pass the Republican-controlled Senate.

But the workers contend, and the lower courts that have ruled for them have reasoned, that the law as it stands plainly covers sexual orientation and gender identity because discrimination against them is based on generalizations about sex that have nothing to do with their ability to do their jobs.

They also argue that they were fired for not conforming to sex stereotypes, a form of sex discrimination that the Supreme Court recognized 30 years ago.

KANSAS CITY, Kan. (AP) — The son of a Kansas sheriff’s captain has been charged with fatally shooting his father.

Twenty-two-year-old Zachary Arnold was charged Monday with second-degree murder in the death of 57-year-old Chris Arnold. He was a captain with the Wyandotte County Sheriff’s Office, but was off-duty when he was killed Saturday at his home in Kansas City, Kansas. No details have been released about what led up to the shooting.

Zachary Arnold is being jailed without bond in neighboring Johnson County, Kansas. No attorney is listed for him in online records.

Wyandotte County Sheriff Don Ash said that Chris Arnold was “a man of integrity who loved his family, especially his son Zach, and served his community and his agency and we should honor that and we will.”

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WYANDOTTE COUNTY — Law enforcement authorities are investigating a fatal shooting and have made an arrest.

The sheriff’s office in Wyandotte reported Sunday that Sheriff’s Captain Chris Arnold was shot and killed   Saturday night at his residence, according to a social media report.

This was not a line of duty death, according to the sheriff’s department. 

Just before 8p.m., officers responded to the shooting at a home in the 2800 block of 76th Street, according to a media release.

A suspect, Arnold’s 22-year-old son, has been taken into custody and is being held in Johnson County on requested charges of premeditated first degree murder, according to online jail records.

Chris Arnold would have been 59-years old Monday, according to the sheriff’s department.  The  department asked the public to “Please keep us and his family in your prayers as we work through this tragedy.”

Authorities have released no additional details.

KANSAS CITY – A Kansas City area man pleaded guilty in federal court to illegally selling firearms without a license, some of which have been seized during arrests at several crime scenes, according to the United State’s Attorney.

Frank E. Hedden, 25, waived his right to a grand jury and pleaded guilty before U.S. District Judge Roseann Ketchmark to engaging in the business of dealing firearms without a license.

By pleading guilty, Hedden admitted that he sold 21 firearms to an undercover special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives for a total of $11,155 between Feb. 26 and July 16, 2019.

On May 7, 2019, investigators served Hedden with a warning notice. Investigators explained to Hedden that several firearms he purchased from licensed firearms dealers had been recovered in crimes within a relatively short amount of time after Hedden purchased them.

This indicated Hedden could be re-selling them, thereby dealing in firearms without a license. Investigators further explained to Hedden that he could be prosecuted if he was buying firearms with the intent to resell them. Hedden signed an acknowledgement receipt for the Warning Notice of Unlicensed Firearms Dealing in Violation of Federal Law.

A few days later, however, Hedden met again with the undercover agent and illegally sold the agent two pistols for $1,200. During that meeting, which was recorded, Hedden told the undercover agent about the warning notice. “I don’t know if it’s anything, you know, of your or somebody else,” he said, “they said I had several firearms show up in crime scenes lately.” Hedden then added, “I knew this would happen eventually.”

The undercover agent told Hedden the firearms he purchased were going to Mexico and asked Hedden if he could obtain more AK-47 type pistols, to which Hedden responded “Yeah. So, I’ll have to figure out something … I’m going to try to figure something out cause like I said, I like doing the business, it’s nice to come into a little extra money.”

Hedden subsequently sold three more firearms to the undercover agent on two separate occasions.

On July 17, 2019, law enforcement officers executed a search warrant at Hedden’s residence and seized 33 firearms (which must be forfeited to the government). Officers also seized a red binder that contained 100 bills of sale for firearms; 18 of the documents were for firearms sold to the undercover agent, 72 of the documents were for firearms that Hedden sold to other individuals, and 10 of the documents were for firearms that Hedden purchased from other individuals.

Under federal statutes, Hedden is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

TOPEKA, Kan. (AP) — Kansas Gov. Laura Kelly says she’s launching the state’s first formal strategy in 30 years to strengthen economic development.

Kelly pledged Monday to work with industries and economic development specialists to write a comprehensive plan to speed economic growth. A report is expected by March 2020.

The project will be coordinated by the Kansas Department of Commerce and the McKinsey consulting firm.

Secretary of Commerce David Toland says the state has lagged in key economic indicators such as GDP growth, population growth and labor participation.

Toland said the goal of the project is to make Kansas “best in class.” Economic development professionals, business leaders and Department of Commerce staff will make up a steering committee that will guide the planning and development of the plan, called the “Framework for Growth.”

By BRENT MARTIN

St. Joseph Post

A northwest Missouri man being held in connection with the disappearance of two Wisconsin brothers has entered a “not guilty” plea to tampering with a motor vehicle.

The only charge prosecutors have filed against 25-year-old Garland Nelson is motor vehicle tampering. Nelson is accused of taking the pick-up rented by Nick and Justin Diemel. The Diemels, who are cattle brokers in Wisconsin, drove that truck to Nelson’s farm near Braymer in July to discuss a cattle deal.

No one has seen the brothers since.

Authorities say video cameras caught Nelson driving the truck to a commuter lot in Holt, where it was found.

An intense search of the Nelson farm began shortly after Nelson was brought into custody. Human remains reportedly have been found, but not details have been released. No additional charges have been filed.

DES MOINES, Iowa (AP) — The union representing workers at pork processing plants has sued the federal government to challenge new rules finalized in September that allow companies to set line speeds and turn more food safety tasks over to company employees.

The United Food and Commercial Workers International Union and local unions in Kansas, Minnesota and Iowa have joined with nonprofit consumer advocacy group Public Citizen to file the lawsuit in federal court in Minnesota.

The lawsuit alleges that the new rules announced in September by the U.S. Department of Agriculture violate the Administrative Procedure Act because it is not backed by reasoned decision-making and should be set aside.

A USDA spokeswoman says the agency does not comment on pending litigation.

GEARY COUNTY — Law enforcement authorities are investigating three suspects on drug charges after a traffic stop on Interstate.

Just after 1:30 a.m. Sunday, deputies stopped a vehicle for a speeding and arrested  Dakota L. Atkinson, 20, Riverside, Missouri, Madison N. Morris, 18 and Evan J. Hoffman, 22, both of Gladstone, Missouri on drug related allegations.

Morris and Hoffman are being held for multiple requested charges that include suspicion of Possession of Marijuana, Possession of Drug Paraphernalia and No Drug Tax Stamp.

Atkinson was arrested on requested charges of Possession of Marijuana, Possession of Drug Paraphernalia, No Drug Tax Stamp, Speeding and Driving While License Suspended. The remain in custody, according to online jail records.

SALINE COUNTY — Law enforcement authorities are investigating a Kansas man on sex allegations.

Following an investigation into allegations that arose over the summer that included a five-year-old girl and a nine-year-old girl, deputies arrested have Archie Lee Holmes, 50, Gypsum, on suspicion of multiple counts, including rape and aggravated indecent liberties with a child, according to Saline County Sheriff Roger Soldan.

One of the girls was a family member and one was a friend of the family, according to the sheriff.

The incidents allegedly occurred at Holmes’ residence in Gypsum and were reported to the Saline County Sheriff’s Office by the Kansas Department for Children and Families.

Holmes remains in custody on requested charges of Rape, Aggravated indecent liberties with a child, Aggravated intimidation of a witness, Aggravated criminal sodomy, according to online jail records.

 

RILEY COUNTY — Law enforcement authorities are investigating a burglary and asking the public for help to locate suspects.

Just before 7p.m. Saturday, police filed a report for burglary in the 3000 block of Anderson Avenue in Manhattan, according to the Riley County Police Department activity report.

A 78-year-old man reported an unknown suspect took a Persian rug from his business. The estimated total loss associated with this case is approximately $12,000.00.

Police ask that anyone with information please contact RCPD or the Manhattan Riley County Crime Stoppers. Using the Crime Stoppers service can allow you to remain anonymous and could qualify you for a cash reward of up to $1,000.00.

By JOHN HANNA Associated Press

TOPEKA, Kan. (AP) — The U.S. Supreme Court is preparing to consider how far states can go toward eliminating the insanity defense in criminal trials as it reviews the case of a Kansas man sentenced to die for killing four relatives.

The high court planned to hear arguments Monday in James Kraig Kahler’s case. He went to the home of his estranged wife’s grandmother about 20 miles (32 kilometers) south of Topeka the weekend after Thanksgiving 2009 and fatally shot the two women and his two teenage daughters.

Not even Kahler’s attorneys have disputed that he killed them. They’ve argued that he was in the grips of a depression so severe that he experienced an extreme emotional disturbance that disassociated him from reality.

In seeking a not guilty verdict due to his mental state, his defense at his 2011 trial faced what critics see as an impossible legal standard. His attorneys now argue that Kansas violated the U.S. Constitution by denying him the right to pursue an insanity defense.

The nation’s highest court previously has given states broad latitude in how they treat mental illness in criminal trials, allowing five states, including Kansas, to abolish the traditional insanity defense. Kahler’s appeal raises the question of whether doing so denies defendants their guaranteed right to due legal process.

“Maybe they will establish some ground rules,” said Jeffrey Jackson, a law professor at Washburn University in Topeka. “They’ve been vague about what the standard is, and maybe now they’re going to tell us.”

Until 1996, Kansas followed a rule first outlined in 1840s England, requiring defendants pursuing an insanity defense to show that they were so impaired by a mental illness or defect that they couldn’t understand that their conduct was criminal. Now Kansas permits defendants to only cite “mental disease or defect” as a partial defense, and they must prove they didn’t intend to commit the specific crime. Alaska, Idaho, Montana and Utah have similar laws.

Christopher Slobogin, a professor of both law and psychiatry at the Vanderbilt University, said even seriously mentally ill defendants typically intend to the commit their crimes, even if their acts result from delusions.

“John Hinckley intended to kill President Reagan. He would not have had a defense in Kansas,” Slobogin said. “Name an insanity case, the person would not have had a defense in Kansas.”

Kansas Attorney General Derek Schmidt argues that the Supreme Court has previously taken a “laboratories of democracy approach” so that states can try to improve criminal justice.

“Scholars and practitioners have struggled for literally hundreds of years to decide to how to handle evidence of a criminal defendant’s mental condition,” Schmidt said in an interview. “Kansas is merely continuing the long tradition of trying different approaches.”

Kahler’s attorneys contend he snapped under the strain of crumbling personal and professional lives. His estranged wife, Karen, was in a relationship with another woman and was seeking a divorce. He had lost his job as utilities director in Columbia, Missouri, and moved back to Kansas weeks earlier to live with his parents.

Karen Kahler and their three children were spending the Thanksgiving 2009 weekend at the home of Karen’s grandmother, Dorothy Wight, in Burlingame. James Kahler shot the women, then found his daughters and killed them. His young son, Sean, fled to a neighboring house and later testified at his father’s trial.

Slobogin, who helped write a handbook for attorneys and mental health professionals on psychological evaluations for courts, said insanity defenses typically arise in less than 1% of felony cases, and when those cases go to trial, the defendant loses three out of four times.

Still, Kansas legislators enacted the tougher standard in response to a push by crime victims, family members and friends.

They argued that defendants who escaped prison could be released from a state mental hospital after a relatively short stay. A report to state lawmakers in 1994 said that in the previous five years, 39 people who had been found not guilty by reason of insanity were confined to a state hospital. The average length of stay was 14½ months.

Supporters also argued that the new method was more straightforward for juries. Schmidt called it “simpler, cleaner and less confusing.”

But Jackson said: “Most standards that eliminate part of the defense are simpler for juries to understand.”

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