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A significant ruling in 2020 established a precedent for protecting the rights 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 stated that a significant civil rights law safeguards gay and transgender employees from facing discrimination in the workplace.
Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated that it is illegal for an employer to terminate an employee based solely on their sexual orientation or gender identity. In a 6-3 ruling, Gorsuch was supported by Chief Justice John G. Roberts Jr. and the four liberal members of the court.
The combined majority opinion and two dissents were 168 pages long. President Donald J. Trump told reporters that he agreed with the ruling and had read the decision. Some people may have been surprised by the ruling, but he stated that they must accept and live with the decision. Trump also described the ruling as a "very powerful decision."
The justices were tasked with interpreting a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in employment based on race, religion, national origin, and sex. They needed to determine if this prohibition against discrimination on the basis of sex also extended to include gay and transgender employees.
Justice Gorsuch stated that it was true.
The writer stated that when an employer fires someone for being homosexual or transgender, they are essentially discriminating against them for qualities or behaviors that they would not have questioned if the person belonged to a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it to be incredibly arrogant. He also pointed out that there is no evidence to suggest that any member of Congress interpreted the statutory text that way when the law was passed in 1964.
The law mentioned banned discrimination at work based on gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is more broad and sets a framework for analysis rather than specific rules. Justice Alito mentioned in 2020 that the court’s decision in this case could influence future constitutional cases.
Adam Liptak is a journalist who reports on the activities of the Supreme Court and writes a regular column called Sidebar about legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. For more information about Adam Liptak, visit his profile.
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