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A significant ruling in 2020 set a precedent in favor of protecting transgender workers.
There has been only one significant ruling on transgender rights by the Supreme Court, 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 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 someone simply because they are gay or transgender. Chief Justice John G. Roberts Jr. and the four liberal justices on the court also agreed with this decision.
The combined majority opinion and two dissenting opinions totaled 168 pages. President Donald J. Trump told reporters that he agreed with the ruling after reading it. He mentioned that some people may have been surprised by the decision, but ultimately they have made their ruling and it must be respected. Trump also described the decision as being very impactful.
The justices had to determine the interpretation of Title VII of the Civil Rights Act of 1964, a statute that prohibits employment discrimination based on race, religion, national origin, and sex. They needed to decide if the prohibition against discrimination "because of sex" also extended to gay and transgender employees, encompassing many millions of workers.
Justice Gorsuch stated that it was indeed the case
He stated that when an employer fires someone for being gay or transgender, they are essentially discriminating against them based on characteristics or actions that would not have been an issue if the individual was of a different gender.
Justice Samuel A. Alito Jr. disagreed, stating that he found the argument to be incredibly arrogant. He also mentioned that there is no evidence to suggest that any member of Congress understood the law in that way when it was passed in 1964.
The law that was passed made it illegal to discriminate against someone at work based on their gender. However, the case being discussed on Wednesday focuses on the 14th Amendment’s equal protection clause, which is more broadly written and serves as a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the court’s ruling in this case could have a significant 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 attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002.
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