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A significant ruling in 2020 set a precedent in favor of protecting the rights of transgender workers.
The Supreme Court has only issued one significant ruling regarding the rights of transgender individuals, which is the case of Bostock v. Clayton County.
The decision made in 2020 stated that a significant civil rights law safeguards individuals who identify as gay or transgender from being discriminated against in the workplace.
Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated 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 four members of the court’s liberal wing also supported this ruling.
The majority opinion and two dissenting opinions together filled 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He mentioned that he had read the decision and while some were surprised, he accepted it. Trump also described the ruling as being very impactful.
The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, a law that prohibits discrimination in employment based on race, religion, national origin, and sex. They needed to determine if this prohibition against discrimination based on sex also encompassed discrimination against gay and transgender employees.
Justice Gorsuch stated that it was indeed the case
The writer stated that when an employer decides to terminate an employee for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that they would not have had an issue with if the employee belonged to a different gender.
Justice Samuel A. Alito Jr. expressed disagreement by stating that the argument presented was incredibly arrogant. He mentioned that there is no evidence to suggest that any member of Congress understood the text of the law in that way when it was passed in 1964.
The law that was in place prevented discrimination in the workplace based on gender. However, the case being discussed focuses on the 14th Amendment’s equal protection clause, which is broadly written and sets up a framework for analysis rather than specific rules. Justice Alito mentioned in 2020 that the court’s decision in this case could have an impact on future constitutional cases.
Adam Liptak is a journalist who reports on the Supreme Court and writes a column called Sidebar about legal news. He earned his law degree from Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. You can find out more about Adam Liptak on his profile.
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