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A significant ruling made in 2020 has set a precedent in favor of protecting the rights of transgender employees.
There has been only one significant ruling by the Supreme Court regarding transgender rights, which is the case of Bostock v. Clayton County.
In 2020, a legal decision was made stating that a significant civil rights law safeguards individuals who identify as gay or transgender from facing discrimination in the workplace.
Justice Neil M. Gorsuch, appointed by President Donald J. Trump, stated that it is against the law for an employer to fire someone just because they are gay or transgender. The ruling was supported by Chief Justice John G. Roberts Jr. and the court’s liberal wing at that time.
The ruling consisted of a majority opinion and two dissents which totaled 168 pages. President Donald J. Trump stated to the press that he accepted the ruling, mentioning that he had read it and though some people were surprised, the decision had been made and they would abide by it. He also remarked that he found it to be a very strong decision.
The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, a law that prohibits discrimination in employment based on race, religion, national origin, and sex. They needed to determine if this prohibition on discrimination based on sex also extended to gay and transgender employees.
Gorsuch stated that it was true.
The writer stated that when an employer fires someone for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that would not have been 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 was no evidence to support the idea that any member of Congress understood the statutory text in that way when the law was passed in 1964.
The law in question made it illegal to discriminate in the workplace based on gender. The current case being discussed is about the 14th Amendment’s equal protection clause, which is more broadly written and sets up a framework for analysis instead of strict 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 reporting on the Supreme Court and legal news. He also writes a column called Sidebar. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002.
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