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Examining the Impact of the Landmark 2020 Decision Protecting Transgender Workers: A Look at Bostock v. Clayton County

In Citizen
January 14, 2025

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A significant legal ruling in 2020 established an important precedent for protecting the rights of transgender employees.

The Supreme Court has made a significant ruling on transgender rights in the case of Bostock v. Clayton County.

The 2020 ruling stated that a prominent 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-to-3 ruling that it is illegal for an employer to fire someone for being gay or transgender. Chief Justice John G. Roberts Jr. and the court’s four liberal members also supported this decision.

The majority opinion and two dissents were spread out over 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He mentioned that although some people were surprised, the decision had been made and they would abide by it. He also noted that he considered it to be a significant decision.

The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, a law that prohibits employment discrimination on the basis of race, religion, national origin, and sex. They needed to determine whether this prohibition on discrimination based on sex also extended to gay and transgender employees, affecting millions of workers.

Justice Gorsuch stated that it was indeed the case

He stated that when an employer fires someone for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that would not have been an issue if the individual were of a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it incredibly arrogant. He also pointed out 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 in question banned discrimination in the workplace based on gender. The case being discussed on Wednesday deals with the equal protection clause of the 14th Amendment, which is more broadly written and has been used to create a framework for analysis rather than strict rules. Even though Justice Alito mentioned in 2020 that the court’s decision could influence future constitutional cases.

Adam Liptak is a journalist who reports on the Supreme Court and writes a column called Sidebar that covers legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. To learn more about Adam Liptak, visit his page on The Times’ website

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