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A landmark ruling in 2020 set a significant precedent in protecting the rights of transgender employees.
There has been only one significant ruling by the Supreme Court regarding transgender rights, which is the case of Bostock v. Clayton County.
In 2020, a significant court decision determined that a key civil rights law safeguards gay and transgender employees from discrimination in the workplace.
Justice Neil M. Gorsuch, appointed by President Donald J. Trump, stated that it is against the law for an employer to terminate someone solely because they are gay or transgender. This opinion was supported by Chief Justice John G. Roberts Jr. and the four liberal members of the court.
The majority opinion and two dissenting opinions together totaled 168 pages. President Donald J. Trump told reporters that he acknowledged the ruling. He mentioned that he had read the decision and although some people were surprised, he respected their ruling. Trump described the decision as powerful.
The justices were tasked with interpreting a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in employment based on certain characteristics like race, religion, national origin, and sex. They needed to determine if this law also protects gay and transgender employees from discrimination based on their sexual orientation or gender identity.
Justice Gorsuch stated that it was indeed the case
The writer pointed out that when an employer terminates an employee for being homosexual or transgender, they are essentially discriminating against them based on characteristics or behaviors that would not be an issue if they were a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it to be extremely arrogant. He also mentioned that there is no evidence to support the claim that any member of Congress interpreted the law in that way back in 1964.
The law that was in question made it illegal to discriminate against employees based on their gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad and meant to provide a framework for analysis rather than specific rules. Justice Alito suggested that the court’s decision in this case could influence future constitutional cases.
Adam Liptak reports on the activities of the Supreme Court and pens a regular column called Sidebar, which discusses legal news. After attending Yale Law School, he 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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