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A significant ruling in 2020 set a precedent for protecting the rights of transgender workers.
The Supreme Court has made just one significant ruling regarding the rights of transgender individuals, which is the case of Bostock v. Clayton County.
The decision made in 2020 affirmed that a significant civil rights law safeguards employees who are gay or transgender from discrimination in the workplace.
In a 6-3 ruling, Justice Neil M. Gorsuch, the first appointee of President Donald J. Trump to the court, stated that it is against the law for an employer to terminate an individual based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and four liberal members of the court also supported this decision.
The main opinion and two opposing views together filled up 168 pages. President Donald J. Trump told reporters that he agreed with the decision made. He mentioned that he had read through the ruling and although some were caught off guard, he respected the decision. Trump also commented that he thought it was a strong decision.
The justices had to determine the interpretation of Title VII of the Civil Rights Act of 1964, a statute that prohibits discrimination in employment based on race, religion, national origin, and sex. Their task was to decide if the prohibition against discrimination "because of sex" also covered gay and transgender workers, impacting millions of individuals.
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 had an issue with if the person belonged to a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it extremely arrogant. He also mentioned that there was no evidence to suggest that any member of Congress understood the law in that way when it was passed in 1964.
The law in question made it illegal to discriminate in the workplace based on someone’s sex. The case being discussed on Wednesday focuses on the 14th Amendment’s equal protection clause, which is broad and sets a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the court’s ruling in this case could influence future constitutional cases.
Adam Liptak reports on the activities of the Supreme Court and writes a column called Sidebar that discusses legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. Learn more about Adam Liptak.
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