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A significant legal ruling in 2020 set a precedent for protecting the rights of transgender employees. Written by Adam Liptak
Only one significant ruling on transgender rights has been made by the Supreme Court, which is the case of Bostock v. Clayton County.
The ruling, which came out in 2020, stated that a significant law regarding civil rights safeguards individuals who are gay or transgender from being discriminated against in the workplace
Justice Neil M. Gorsuch, appointed to the court by President Donald J. Trump, stated in a 6-to-3 ruling that it is illegal for an employer to terminate an individual based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the four liberal justices on the court also supported this decision.
The court decision had a majority opinion and two dissents that were spread out over 168 pages. President Donald J. Trump told reporters that he acknowledged the ruling, stating that he had read it and while some people were surprised, the decision had been made and they would abide by it. Trump also commented that he believed it was a strong decision.
The Justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, religion, national origin, and sex. They needed to determine if the prohibition against discrimination based on sex included protection for gay and transgender employees.
Justice Gorsuch stated that it was indeed the case
The author stated that when an employer terminates an employee for being homosexual or transgender, they are essentially firing them for attributes or behaviors that would not have been an issue if they were a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it incredibly arrogant. He also noted that there is no evidence to suggest that any member of Congress interpreted the law in that way back in 1964.
The law that was discussed banned discrimination in the workplace based on sex. The case being debated focuses on the 14th Amendment’s equal protection clause, which is broad in scope and sets up a framework for analysis rather than strict rules. Justice Alito suggested that the court’s decision in this case could have an impact on other constitutional cases.
Adam Liptak writes about the Supreme Court and legal updates in his column called Sidebar. He went to Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. Find out more about Adam Liptak.
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