In June 2020, the U.S. Supreme Court issued its decision in Bostock v. Clayton County, Georgia. www.scotusblog.com/wp-content/uploads/2020/06/17-1618_hfci.pdf
In a 6-3 decision, the court held that the Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. LGBTQ+ people cannot be discriminated against in employment.
This is a HUGE victory and one that was not (if we are being honest and given the make-up of the Court) expected. Justice Neil Gorsuch wrote the majority opinion and Chief Justice John Roberts joined it along with the liberal justices, Ginsburg, Sotomayor, Breyer, and Kagan.
In the majority opinion, Justice Gorsuch wrote, "It is impossible to discriminate against a person for being homosexual or transgender without discriminating...based on sex." Gorsuch admitted the framers of Title VII most likely never considered sexual orientation and gender identity when they drafted the law but, he wrote, "the limits of the drafters' imagination supply no reason to ignore the law's demands."
This decision resolved questions raised by three separate federal lawsuits that were consolidated. Those cases were, Altitude Express, et al. v. Zarda, R.G. & G. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission et al., and Bostock v. Clayton County, Georgia.
Two of the plaintiffs, Aimee Stephens and Donald Zarda, however, died before the decision came down.
This decision is an excellent start, but we are not out of the woods yet. There are forces arrayed against the LGBTQ+ community that will continue their assault on our civil rights. And, our community will continue to oppose their efforts to minimize our rights and our existence.
In a 6-3 decision, the court held that the Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. LGBTQ+ people cannot be discriminated against in employment.
This is a HUGE victory and one that was not (if we are being honest and given the make-up of the Court) expected. Justice Neil Gorsuch wrote the majority opinion and Chief Justice John Roberts joined it along with the liberal justices, Ginsburg, Sotomayor, Breyer, and Kagan.
In the majority opinion, Justice Gorsuch wrote, "It is impossible to discriminate against a person for being homosexual or transgender without discriminating...based on sex." Gorsuch admitted the framers of Title VII most likely never considered sexual orientation and gender identity when they drafted the law but, he wrote, "the limits of the drafters' imagination supply no reason to ignore the law's demands."
This decision resolved questions raised by three separate federal lawsuits that were consolidated. Those cases were, Altitude Express, et al. v. Zarda, R.G. & G. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission et al., and Bostock v. Clayton County, Georgia.
Two of the plaintiffs, Aimee Stephens and Donald Zarda, however, died before the decision came down.
This decision is an excellent start, but we are not out of the woods yet. There are forces arrayed against the LGBTQ+ community that will continue their assault on our civil rights. And, our community will continue to oppose their efforts to minimize our rights and our existence.
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