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A significant legal ruling in 2020 set a key precedent in favor of protecting the rights of transgender workers.
The Supreme Court has only made a significant ruling on transgender rights in the case of Bostock v. Clayton County.
The 2020 ruling stated that a significant civil rights law safeguards individuals who identify as gay or transgender from facing 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 illegal for an employer to fire someone simply for being gay or transgender. Chief Justice John G. Roberts Jr. and the court’s liberal wing at the time also supported this decision.
The ruling consisted of a majority opinion and two dissents, totaling 168 pages. President Donald J. Trump acknowledged the ruling in a statement to reporters, stating that he had read the decision and accepted it. He mentioned that some people were surprised by the ruling, but emphasized that the decision had been made and must be respected. Trump described the ruling as a "very powerful decision."
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. Specifically, they needed to decide if the prohibition against discrimination "because of sex" extended to include gay and transgender workers, impacting millions of individuals.
Justice Gorsuch stated that it was indeed the case
The writer stated that when an employer fires someone 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 individual were a different gender.
Justice Samuel A. Alito Jr. disagreed, stating that the argument presented was extremely arrogant and lacked any evidence to support it. He also noted that there was no indication that any member of Congress understood the statutory text in that manner when the law was passed in 1964.
The law in question prevented discrimination in the workplace based on gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad in scope and provides a framework for analysis rather than strict rules. Justice Alito suggested in 2020 that the court’s ruling in this case could influence future constitutional cases.
Adam Liptak is a journalist who focuses on covering the Supreme Court and writes a column called Sidebar that discusses legal developments. He graduated from 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, click here.
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