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A significant ruling in 2020 set a precedent for the protection of transgender workers. Written by Adam Liptak.
The Supreme Court has made only one significant ruling regarding transgender rights, which is the case of Bostock v. Clayton County.
The decision made in 2020 confirmed that a significant civil rights law safeguards 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 in a 6-3 ruling that it is against the law for an employer to terminate an employee solely because they are gay or transgender. Chief Justice John G. Roberts Jr. and the four liberal members of the court also supported this decision.
The ruling, which included a majority opinion and two dissents, was a lengthy 168 pages. President Donald J. Trump told reporters that he accepted the decision, saying that he had read it and acknowledged that while some people may have been surprised, the ruling stands and they must abide by it. Trump also commented that he found the decision to be strong and impactful.
The justices had to determine the interpretation of a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in employment based on race, religion, national origin, and sex. Their task was to decide if this prohibition of discrimination "because of sex" also included protection for gay and transgender workers.
Justice Gorsuch stated that it was indeed the case
The writer stated that when an employer fires someone for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that they would not have 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 emphasized 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 someone’s gender. The case being debated on Wednesday, however, deals with the equal protection clause of the 14th Amendment, which is more broadly written and sets up a framework for analysis rather than specific rules. Justice Alito mentioned in 2020 that the court’s ruling 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 that focuses 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, visit his
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