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The Impact of the 2020 Supreme Court Decision on Transgender Rights in the Workplace: A Landmark Precedent

In Citizen
January 14, 2025

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A significant ruling in 2020 established a precedent for protecting the rights of transgender workers.

The Supreme Court has made a significant ruling on transgender rights in 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.

In a 6-3 ruling, Justice Neil M. Gorsuch, appointed by President Donald J. Trump, stated that it is against the law for an employer to terminate an individual solely based on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the court’s liberal wing at the time also supported 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, stating that he had read the decision and accepted it. Trump mentioned that some people may have been surprised by the ruling, but he emphasized that they had made their decision and it must be respected. He also described the decision 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 had to determine if this prohibition against discrimination based on sex also extended to include gay and transgender workers.

Justice Gorsuch stated that it was indeed the case

The writer stated that an employer who terminates an employee for being homosexual or transgender is essentially firing them for characteristics 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 it was extremely 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 made it illegal to discriminate in the workplace based on someone’s gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which sets out a general framework for analyzing cases rather than specific rules. Justice Alito suggested that the court’s decision in this case could influence how future constitutional cases are decided.

Adam Liptak is a journalist who focuses on reporting about the Supreme Court and writes a regular column called Sidebar about legal news. He graduated from Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. Learn more about Adam Liptak on his profile page.

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