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A landmark ruling in 2020 has set a significant precedent in protecting the rights of transgender employees.
Only one significant decision on transgender rights has been made by the Supreme Court, which is the case of Bostock v. Clayton County.
The decision made in 2020 determined that a significant civil rights law safeguards gay and transgender employees from discrimination in the workplace.
Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated in a 6-3 ruling that it is against the law for an employer to fire someone for being gay or transgender. Chief Justice John G. Roberts Jr., a conservative, and four members of the court’s liberal wing also agreed with this ruling.
The majority opinion and two dissents together 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 commented that he found the decision to be strong and impactful.
The justices had to interpret a law called Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, religion, national origin, and sex. They were determining if this law also protects gay and transgender employees from discrimination based on their sexual orientation or gender identity.
Justice Gorsuch stated that it was indeed the case
The writer mentioned that when an employer terminates an employee for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that they would not have considered a problem if the employee belonged to a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was incredibly arrogant. He also pointed out that there was no evidence to suggest that any member of Congress interpreted the law in that way back in 1964.
A law was created to prevent discrimination in the workplace based on gender. The case being discussed focuses on the equal protection clause of the 14th Amendment, which is broad and sets up a way of analyzing cases rather than strict rules. Justice Alito has mentioned that decisions made by the court could have an 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. To learn more about Adam Liptak, click here.
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