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A landmark ruling in 2020 has set an important precedent for the protection of transgender employees.
There has been only one significant ruling from the Supreme Court regarding transgender rights, which is the case of Bostock v. Clayton County.
The decision made in 2020 stated that a significant law regarding civil rights safeguards employees who are gay or transgender 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 terminate an individual based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and four liberal justices also agreed with Gorsuch’s opinion.
The majority opinion and two dissents together filled 168 pages. President Donald J. Trump told reporters that he accepted the ruling, mentioning that he had read the decision and that while some may have been surprised, the ruling was final and they would abide by it. Trump also praised the decision as being very impactful.
The justices had to interpret a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in the workplace based on 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 true.
The author stated that when an employer fires someone for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that would not be an issue if they were of 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 way when the law was passed in 1964.
The law stated that workplace discrimination based on sex was not allowed. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad and sets up a framework for analysis instead of specific rules. Justice Alito mentioned in 2020 that the court’s ruling could have an influence on other constitutional cases.
Adam Liptak is a journalist who specializes in reporting on the Supreme Court and legal news through his column, Sidebar. He studied at Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. You can find out more about Adam Liptak on his profile.
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