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A significant legal ruling in 2020 set a precedent in favor of protecting the rights of transgender employees.
The Supreme Court has issued just one significant ruling regarding the rights of transgender individuals, known as Bostock v. Clayton County.
The 2020 ruling established that a significant civil rights law safeguards gay and transgender employees from discrimination in the workplace.
In a 6-3 ruling, Justice Neil M. Gorsuch, appointed by President Trump, stated that it is against the law for an employer to terminate someone for being gay or transgender. Chief Justice John G. Roberts Jr. and the four liberal justices on the court also agreed with this decision.
The ruling, which consisted of a majority opinion and two dissents, was spread out over 168 pages. President Donald J. Trump stated to reporters that he respected the decision made. He mentioned that he had reviewed the ruling and although some people may have been surprised, the decision had been made and they would abide by it. Trump also described the ruling as being very 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. Specifically, they needed to determine if this protection against discrimination based on sex also extended to gay and transgender workers, impacting millions of individuals.
Justice Gorsuch stated that it was indeed the case
He stated that an employer who terminates an employee for being homosexual or transgender is essentially firing them for characteristics or behaviors that would not have been an issue if they were a different gender.
In opposition, Justice Samuel A. Alito Jr. expressed disbelief at the argument, stating that it is incredibly arrogant. He also mentioned that there is no evidence to suggest that any member of Congress understood the law in that way when it was passed in 1964.
The law banned discrimination in the workplace based on someone’s gender. The case being discussed on Wednesday focuses on the equal protection clause of the 14th Amendment, which is broadly written and sets guidelines for analysis rather than specific rules. Justice Alito mentioned in 2020 that the court’s ruling may have an impact on future constitutional cases.
Adam Liptak is a journalist who focuses on reporting about the activities of the Supreme Court and also writes a regular column called Sidebar, which discusses current legal issues. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. To learn more about Adam L
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