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A significant ruling in 2020 established a strong legal precedent in favor of protecting the rights of transgender employees.
The Supreme Court has only made one significant ruling regarding transgender rights, which was in 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, appointed by President Donald J. Trump, stated that it is against the law for an employer to terminate an employee solely based on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr., along with the court’s four liberal members at the time, supported this ruling in a 6-3 decision.
The ruling, which consisted of the majority opinion and two dissents, was a total of 168 pages long. President Donald J. Trump told reporters that he accepted the ruling after reading it. He mentioned that some people were surprised by the decision, but ultimately, they have made their ruling and it must be respected. Trump also described the ruling as a strong and impactful 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 had to determine if the prohibition against discrimination based on sex also extended to gay and transgender workers, impacting millions of individuals.
Justice Gorsuch mentioned 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 would not have been an issue if the individual belonged to a different gender.
Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it to be extremely 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 that was in place prohibited discrimination in the workplace based on a person’s sex. However, the case being argued on Wednesday focuses on the equal protection clause of the 14th Amendment, which is more broadly written and serves as a framework for analysis rather than specific rules. Justice Alito noted in 2020 that the court’s decision in this case could have a significant impact on other constitutional cases.
Adam Liptak is a journalist who specializes in covering the Supreme Court and writing about legal news in his column called Sidebar. He attended Yale Law School and practiced law for 14 years before starting his career at The Times in 2002. To learn more about Adam Liptak, click here.
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