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Breaking Barriers: The 2020 Supreme Court Decision Protecting Transgender Workers Sets a New Precedent

In Citizen
January 14, 2025

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In 2020, a significant ruling was made that established a precedent in favor of protecting the rights of transgender workers.

The Supreme Court has only made one significant ruling regarding the rights of transgender individuals, which was in the case of Bostock v. Clayton County.

The decision made in 2020 stated that a significant civil rights law safeguards individuals who are gay and transgender from facing discrimination in the workplace.

According to Justice Neil M. Gorsuch, who was appointed by President Donald J. Trump, it is against the law for an employer to terminate an employee solely based on their sexual orientation or gender identity. This decision was supported by Chief Justice John G. Roberts Jr. and the four liberal members of the court.

The ruling, which consisted of a majority opinion and two dissents, was spread out over 168 pages. President Donald J. Trump told reporters that he had read the decision and accepted it, despite some people being surprised. He stated that although he may not agree with it, the ruling is final and must be respected. Trump also commented that he believed the decision was strong and impactful.

The justices were tasked with interpreting a statute called 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 the prohibition against discrimination based on sex also included protection for gay and transgender employees.

Justice Gorsuch stated that it was indeed the case

The writer stated 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 scrutinized in individuals of a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it extremely arrogant. He also mentioned that there is no proof that any member of Congress understood the text of the law in that way when it was passed in 1964.

The law banned discrimination in the workplace based on sex. The case being debated focuses on the 14th Amendment’s equal protection clause, which is more broadly written and creates an analytical framework instead of specific rules. Despite this, Justice Alito suggested in 2020 that the court’s ruling could have a significant impact on future constitutional cases.

Adam Liptak is a journalist who focuses on reporting about the Supreme Court and writes a column called Sidebar, which discusses legal news and updates. 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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