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A significant legal ruling in 2020 established a precedent in favor of protecting the rights of transgender workers.
There has been only one significant ruling by the Supreme Court concerning transgender rights, known as Bostock v. Clayton County.
The decision made in 2020 established that a significant law regarding civil rights safeguards individuals who identify as gay or transgender from being discriminated against in the workplace.
Justice Neil M. Gorsuch, who was appointed by President Donald J. Trump, stated that it is against the law for an employer to terminate someone’s employment solely based on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and four liberal justices also agreed with this ruling, resulting in a 6-to-3 decision.
The majority opinion and two dissenting opinions together totaled 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He mentioned that he had read the decision and although some may have been surprised, he respected and accepted the court’s decision. Trump also noted that he found the ruling to be very impactful.
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 the prohibition against discrimination "because of sex" also included protection for gay and transgender employees.
Justice Gorsuch stated that it was indeed the case
The writer explains that when an employer terminates an employee for being homosexual or transgender, they are essentially discriminating against them for 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 it is arrogant and lacks evidence to support it. He pointed out that there is no indication that any member of Congress understood the statutory text in that way when the law was passed in 1964.
The law mentioned in the text made it illegal for workplaces to discriminate based on gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad and sets guidelines for analysis rather than strict rules. Justice Alito suggested in 2020 that the outcome of this case could influence future constitutional decisions.
Adam Liptak is a journalist who specializes in covering news related to the Supreme Court and writes a regular column called Sidebar about current legal issues. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. Learn more about Adam Liptak.
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