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A significant ruling in 2020 set a precedent for protecting the rights of transgender employees.
There has been only one significant ruling by the Supreme Court regarding transgender rights, which is known as 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.
Justice Neil M. Gorsuch, appointed by President Donald J. Trump and the majority in a 6-3 ruling, 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 the court’s four-member liberal wing also supported this decision.
The combined majority opinion and two dissents were spread out over 168 pages. President Donald J. Trump told reporters that he acknowledged the ruling, having read it himself. Despite some people being caught off guard, he stated that the decision was final and that everyone must abide by it. Trump also commended the decision as being strong and impactful.
The justices had to determine the interpretation of a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in the workplace based on race, religion, national origin, and sex. The key issue was whether this law also protects gay and transgender employees from discrimination based on their sexual orientation or gender identity.
Justice Gorsuch stated that it was the case.
The author stated that when an employer terminates an employee for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that they would not have had a problem with if the individual belonged to 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 suggest that any member of Congress understood the statutory text in that way when the law was passed in 1964.
The law that was passed made it illegal to discriminate against employees based on their sex. The case being discussed on Wednesday, however, deals with the equal protection clause of the 14th Amendment. This clause is written broadly and is used to create a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the court’s decision in this case could influence future constitutional cases.
Adam Liptak is a journalist who specializes in reporting on the Supreme Court and legal news. He writes a column called Sidebar and is a graduate of Yale Law School. Before starting his career in journalism in 2002 with The New York Times, he worked as a lawyer for 14 years.
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