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A significant legal decision in 2020 provided protections for transgender employees, setting an important precedent for future cases.
There has only been one significant ruling by the Supreme Court regarding transgender rights, which is the case of Bostock v. Clayton County.
The ruling from 2020 established that a significant civil rights law safeguards gay and transgender employees from facing discrimination in the workplace.
Justice Neil M. Gorsuch, who was appointed by President Trump, wrote the majority opinion in a 6-3 ruling stating that it is illegal for employers to fire someone based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the four liberal justices on the court also agreed with Gorsuch’s opinion.
The majority opinion and two dissenting opinions together totaled 168 pages. President Donald J. Trump stated to the media that he acknowledged the court’s decision. He mentioned that he had read the ruling and while some may have been surprised, he accepted it. Trump also described the decision as strong and 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 had to determine if this prohibition against discrimination based on sex also extended to include gay and transgender workers, potentially impacting millions of individuals.
Justice Gorsuch stated that it was so.
According to him, if an employer fires someone for being homosexual or transgender, they are essentially firing 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 was incredibly arrogant. He also mentioned that there is no evidence to suggest that any member of Congress understood the statutory text in that way when the law was first passed in 1964.
The law 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 provides a framework for analysis rather than specific rules. Justice Alito stated that the court’s decision in this case could have a significant impact on future constitutional cases.
Adam Liptak is a journalist who specializes in covering news related to the Supreme Court and writes a column called Sidebar, focusing on legal updates. 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, please visit
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