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A significant legal 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.
In 2020, a significant legal decision stated that a well-known civil rights law safeguards individuals who are gay or transgender from facing discrimination in the workplace.
Justice Neil M. Gorsuch, who was appointed by President Trump, stated that it is against the law for an employer to terminate an employee simply because they are gay or transgender. The ruling was supported by Chief Justice John G. Roberts Jr. and the court’s liberal wing at that time.
The majority opinion and two dissents together totaled 168 pages. President Donald J. Trump told reporters that he respected the ruling and had read it himself. He mentioned that while some people were surprised by the decision, he accepted it and would abide by it. Trump also described the ruling as 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. They had to determine if the provision regarding discrimination "because of sex" also extended to include gay and transgender employees.
Justice Gorsuch stated that it was true.
The writer stated that when an employer fires someone for being homosexual or transgender, they are essentially firing them for qualities or behaviors that they would not have a problem with if the person was a different gender.
Justice Samuel A. Alito Jr. expressed disagreement by stating that the argument presented was incredibly arrogant. He pointed out that there is no evidence to suggest that any member of Congress understood the text of the law in the way it is being interpreted now back in 1964.
A law was passed to ban discrimination in the workplace based on gender. However, the case being discussed focuses on the 14th Amendment’s equal protection clause, which is more broadly written and used to create a framework for analysis rather than specific rules. Despite this, Justice Alito mentioned in 2020 that the court’s ruling in this case could have an impact on future constitutional cases.
Adam Liptak is a journalist who focuses on reporting on the Supreme Court and legal issues. He attended Yale Law School and worked as a lawyer for 14 years before beginning his career at The New York Times in 2002. To learn more about Adam Liptak, visit his page on The New York Times website.
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