County Executive 'horrified' by gay discrimination defense strategy

CLAYTON, Mo. (AP/KMOX) - A top St. Louis County official is blasting legal staff for arguing that gay discrimination in Missouri is legal in a case in which nearly $20 million was awarded to a police sergeant.St. Louis County Executive Sam Page said Wednesday in a statement that he was "horrified and surprised that argument was used'' in Sgt. Keith Wildhaber's case. Wildhaber says he was told to "tone down his gayness" and passed up for promotion 23 times.

Related: St. Louis County police sergeant testifies he was told to tone down 'gayness'County Counselor Beth Orwick says she instructed two lawyers working on the case not to make the argument. She says she was mortified and surprised when they wrote in a motion that the Missouri Human Rights Act "explicitly omits any reference to sexual orientation as a protected class.''

Legal expert, attorney Brad Young says while Missouri law does not prevent discrimination based on gender identity and sexual orientation, it's prohibited under federal law. 

"But that's all up in the air now because of three cases at the Supreme Court that were just argued on October 8, we should have a decision on that by June of next year," Young says.

Young adds the defense may have been to say legally they did nothing wrong because it's not in violation of Missouri law. But Young says that's the kind of tactic that inflames jurors. 

KMOX's Maria Keena contributed to this story.
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