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A significant legal ruling in 2020 set a precedent for protecting the rights of transgender workers.
There has been only one significant ruling by the Supreme Court regarding the rights of transgender individuals, which is the case of Bostock v. Clayton County.
The decision made in 2020 established that a significant civil rights law safeguards gay and transgender employees from discrimination in the workplace.
Justice Neil M. Gorsuch, appointed by President Trump, stated that it is against the law for an employer to dismiss someone simply because they are gay or transgender. This was part of a 6-3 ruling where Chief Justice John G. Roberts Jr. and four liberal justices also agreed.
The combined majority opinion and two opposing viewpoints totaled 168 pages. President Donald J. Trump spoke to the press and stated that he agreed with the ruling. He mentioned that although some people may have been taken aback, the decision had been made and they would abide by it. Trump also described the ruling as a strong and impactful one.
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 on discrimination based on sex also included protection for gay and transgender workers.
Justice Gorsuch stated that it was indeed the case
He stated that when an employer terminates 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 were a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was extremely arrogant. He added 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 in place made it illegal to discriminate in the workplace based on someone’s gender. The case being discussed on Wednesday, however, focuses on the equal protection clause of the 14th Amendment, which is more broadly written and provides a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the decision made 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, focusing on 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.
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