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A landmark ruling in 2020 set a significant example by protecting the rights of transgender employees.
The highest court in the United States has made a significant ruling regarding transgender rights in the case of Bostock v. Clayton County.
The decision, made in 2020, stated that a significant law protecting civil rights also covers gay and transgender employees from discrimination in the workplace.
Justice Neil M. Gorsuch, who was appointed to the court 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 ruling was supported by Chief Justice John G. Roberts Jr. and the four liberal justices on the court at that time.
The ruling consisted of a majority opinion and two dissenting opinions, totaling 168 pages. President Donald J. Trump stated to the press that he acknowledged the ruling and had read it. He mentioned that some people may have been surprised by the ruling, but that ultimately they have to accept and abide by it. Trump also described the decision as impactful and strong.
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 "because of sex" also included protection for gay and transgender employees.
Justice Gorsuch stated that it was true.
The author stated that when an employer fires someone for being homosexual or transgender, they are essentially firing them for qualities or behaviors that they would not have had an issue with if the person belonged to a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was extremely arrogant. He also pointed out that there is no evidence to suggest that any member of Congress understood the statutory text in that way when the law was passed in 1964.
The law that was in place made it illegal to discriminate in the workplace based on sex. However, the case being discussed on Wednesday focuses on the 14th Amendment’s equal protection clause, which is more broadly written and serves as a framework for analysis rather than specific rules. Justice Alito suggested 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 specializes in reporting on the Supreme Court and legal updates through his column Sidebar. He attended Yale Law School and practiced law for 14 years before starting at The New York Times in 2002. To learn more about Adam Liptak, visit his page.
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