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A significant ruling in 2020 set a precedent for protecting the rights of transgender workers.
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 determined that a significant civil rights law safeguards individuals who are gay and transgender from facing discrimination in the workplace.
Justice Neil M. Gorsuch, a Supreme Court Justice appointed by President Trump, stated in a 6-3 ruling that it is illegal for an employer to terminate an employee based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the four liberal justices on the court also agreed with this decision.
The ruling consisted of a majority opinion and two dissents that were spread out over 168 pages. President Donald J. Trump told reporters that he accepted the ruling, mentioning that he had read it and that while some people were surprised by it, they had made their decision and it would be respected. He also described the ruling as a strong and impactful decision.
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 factors such as race, religion, national origin, and sex. They needed to decide if this law also covered discrimination against gay and transgender employees.
Justice Gorsuch stated that it was indeed the case
He 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 they were a different gender.
Justice Samuel A. Alito Jr. expressed disagreement by stating that the argument presented was incredibly arrogant. He went on to mention that there is no proof that any member of Congress understood the law in that way when it was passed in 1964.
The law that was passed made it illegal for workplaces to discriminate based on gender. The case being discussed on Wednesday is about the 14th Amendment’s equal protection clause, which is more broadly written and used as 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 journalist who specializes in covering the Supreme Court and writes a column called Sidebar on legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. For more information about Adam Liptak, visit his profile.
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