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2020 Supreme Court Decision on Transgender Rights: A Landmark Precedent for Workplace Discrimination

In Citizen
January 14, 2025

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A landmark ruling in 2020 set an important legal standard for the protection of transgender employees.

There has been only one significant ruling by the Supreme Court regarding transgender rights, 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 by President Donald J. Trump, stated in a 6-3 ruling that it is against the law for an employer to fire someone simply because they are gay or transgender. Chief Justice John G. Roberts Jr. and the four liberal justices on the court also agreed with this decision.

The combined majority opinion and two dissents totaled 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He stated that he had read the decision and although some may have been surprised, he accepted and respected the court’s decision. Trump also remarked that he found the ruling to be very impactful.

The judges had to interpret a law called Title VII of the Civil Rights Act of 1964, which prevents discrimination in the workplace based on characteristics like race, religion, national origin, and sex. They needed to determine if this law also protected 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 stated that if an employer fires someone for being homosexual or transgender, they are essentially firing them for characteristics or actions that would not be questioned 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 support the claim that any member of Congress interpreted the law in that way back in 1964.

The law in question prevented discrimination in the workplace based on gender. The case being discussed focuses on the equal protection clause of the 14th Amendment, which is broadly written and is used to create an analytical framework rather than strict rules. Justice Alito stated in 2020 that the court’s ruling in this case could influence other 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 at The New York Times in 2002. To learn more about Adam Liptak, visit his website.

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