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A landmark ruling in 2020 established significant legal protection for transgender employees. This decision sets an important standard for future cases involving
There has only been one significant ruling by the Supreme Court regarding transgender rights, 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, appointed by President Donald J. Trump, stated in a 6-3 ruling that it is illegal for an employer to terminate an employee based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and four liberal justices also supported this decision.
The majority opinion and two dissents totaled 168 pages in length. President Donald J. Trump told reporters that he acknowledged the ruling and had read the decision. He mentioned that some people were caught off guard by the ruling, but ultimately, they had made their decision and it had to be respected. Trump also described the ruling as a strong and impactful decision.
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 needed to determine if the provision prohibiting discrimination based on sex also included protection for gay and transgender employees.
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 they were a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it 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 that was passed made it illegal to discriminate in the workplace based on a person’s gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad and sets up a way of analyzing cases rather than strict rules. Justice Alito mentioned in 2020 that the court’s ruling in this case could impact future constitutional cases.
Adam Liptak is a journalist who focuses on covering news related to the Supreme Court and writes a column called Sidebar which discusses legal developments. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. To learn more about Adam Liptak, visit his
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