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The Impact of the 2020 Supreme Court Decision on Transgender Worker Rights: A Landmark Precedent

In Citizen
January 15, 2025

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A significant ruling in 2020 set a legal precedent by providing protection for 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.

The decision made in 2020 stated that a significant civil rights law safeguards gay and transgender employees from discrimination in the workplace.

According to Justice Neil M. Gorsuch, an employer cannot legally fire someone for being gay or transgender. This ruling was supported by Chief Justice John G. Roberts Jr. and the court’s liberal wing at that time. Justice Gorsuch was appointed to the court by President Donald J. Trump.

The majority opinion and two dissents together totaled 168 pages. President Donald J. Trump stated to the press that he respected the ruling and had read the decision. He mentioned that while some may have been surprised, the decision had been made and must be accepted. Trump also praised the ruling as being very impactful.

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 law also protected gay and transgender workers from discrimination based on their sex.

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 actions 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 to be incredibly arrogant. He also pointed out that there is no evidence to suggest that any member of Congress understood the law in that way when it was passed in 1964.

A law was passed to prevent discrimination in the workplace based on gender. However, the case being discussed focuses on the equal protection clause of the 14th Amendment, which is interpreted broadly and sets a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the court’s decision in this case could have a significant impact on future constitutional cases.

Adam Liptak is a reporter who focuses on the Supreme Court and writes a column called Sidebar about legal news. He went to Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. You can find more information about Adam Liptak on his profile.

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