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A significant ruling in 2020 established a landmark precedent in protecting the rights of transgender workers.
Only one significant ruling regarding transgender rights has been made by the Supreme Court, known as the Bostock v. Clayton County case.
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, the first judge 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 members of the court’s liberal wing also supported this decision.
The ruling comprised of a majority opinion and two dissents that totaled 168 pages. President Donald J. Trump stated to the press that he agreed with the ruling after reading it. He mentioned that although some people were surprised by the decision, he accepted it and acknowledged that it was a significant ruling.
The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, religion, national origin, and sex. They needed to determine if this prohibition against discrimination based on sex also encompassed gay and transgender employees.
Justice Gorsuch stated that it was true.
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 individual belonged to a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was incredibly arrogant. He also pointed out that there is no evidence to suggest that any member of Congress interpreted the text of the law in that manner when it was passed in 1964.
The law that was discussed banned discrimination in the workplace based on gender. The case being debated focuses on the 14th Amendment’s equal protection clause, which is more broadly written and has been used to create a framework for analysis rather than strict rules. Despite this, Justice Alito pointed out in 2020 that the court’s decision 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 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. To learn more about Adam Liptak, click here.
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