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Supreme Court Rules Homosexuals, Transsexuals Protected from Job Discrimination

(Liberty Headlines) The Supreme Court ruled Monday that a landmark civil rights law protects LGBT people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.

The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against LGBT workers.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids,” Justice Neil Gorsuch wrote for the court.

Justices Samuel Alito, Brett Kavanaugh and Clarence Thomas dissented..

The outcome is expected to have a big impact for the estimated 8.1 million LGBT workers across the country because most states don’t protect them from workplace discrimination. An estimated 11.3 million LGBT people live in the U.S., according to the Williams Institute at the UCLA law school.

The cases were the court’s first on LGBT rights since Justice Anthony Kennedy’s retirement and replacement by Kavanaugh. Kennedy was a voice for gay rights and the author of the landmark ruling in 2015 that made same-sex marriage legal throughout the United States. Kavanaugh generally is regarded as more conservative. Gorsuch has issued several opinions aligning with a libertarian view.

The Trump administration had changed course from the Obama administration, which supported LGBT workers in their discrimination claims under Title VII.

During the Obama years, the federal Equal Employment Opportunity Commission had changed its longstanding interpretation of civil rights law to include discrimination against LGBT people. The law prohibits discrimination because of sex, but has no specific protection for sexual orientation or gender identity.

In recent years, some lower courts have held that discrimination against LGBT people is a subset of sex discrimination, and thus prohibited by the federal law.

Opponents of the decision decried the redefinition of “sex.”

“Americans must be able to rely on what the law says, and it is disappointing that a majority of the justices were unwilling to affirm that commonsense principle,” said John Bursch, Vice President of Appellate Advocacy for Alliance Defending Freedom. “Redefining ‘sex’ to mean ‘gender identity’ will create chaos and enormous unfairness for women and girls in athletics, women’s shelters, and many other contexts. Civil rights laws that use the word ‘sex’ were put in place to protect equal opportunities for women. Allowing a court or government bureaucrats to redefine a term with such a clear and important meaning undermines those very opportunities—the ones the law was designed to protect.”

The Supreme Court cases involved two gay men and a transgender woman who sued for employment discrimination after they lost their jobs.


Adapted from reporting by Associated Press.

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