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An important legal ruling from 2020 has set a significant example for protecting the rights of transgender employees.
The Supreme Court has only made one significant ruling regarding the rights of transgender individuals, which is the case of Bostock v. Clayton County.
The ruling from 2020 stated that a significant civil rights law safeguards gay and transgender employees from discrimination in the workplace.
Justice Neil M. Gorsuch, who was appointed by President Donald J. Trump, stated in a 6-3 ruling that it is against the law for an employer to terminate an employee based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the court’s four liberal justices also supported this decision.
The main opinion and two opposing opinions totaled 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He mentioned that although some people were surprised by the decision, he respected it. Trump also called it a significant ruling.
The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, religion, national origin, and sex. They had to determine if this prohibition of discrimination based on sex also included protection for gay and transgender workers.
Justice Gorsuch stated that it was indeed the case
The author stated that an employer who dismisses an employee for being homosexual or transgender is essentially firing them for characteristics or behaviors that would not have been an issue if they were a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was incredibly arrogant. He also pointed out that there is no evidence to suggest that any member of Congress understood the statutory text in that manner when the law was passed in 1964.
The law that was in place made it illegal to discriminate in the workplace based on someone’s sex. However, the case being discussed on Wednesday deals with the 14th Amendment’s equal protection clause, which is more broadly written and is used to create a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the court’s decision in this case could have a significant impact on future constitutional cases.
Adam Liptak is a journalist who specializes in covering the Supreme Court and writing about legal news in his column called Sidebar. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. Learn more about Adam Liptak.
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