In Landmark Case, Supreme Court Rules Title VII Includes LGBT Protections
The Supreme Court ruled for the LGBT community on Monday, stating in a 6-3 decision that firing an employee for being gay or transgender violates Title VII of the Civil Rights Act, which protects discriminations based on sex, race, color, religion and/or national origin.
According to Fox News, the decision was built on three cases:
In one, Clayton County, Georgia employee Gerald Bostock was fired from his job as a child welfare advocate for conduct “unbecoming” a county employee soon after he joined a gay softball league. In another, New York skydiving instructor Donald Zarda was fired days after mentioning he was gay, and in a third, Michigan funeral home worker Aimee Stephens was fired after she told her employer that she would be identifying as a woman six years into her employment.
Ironically, Justice Neil Gorsuch, an appointee of President Trump’s, wrote the majority opinion, siding with the court’s four Leftist justices and Chief Justice Roberts, who has swung Left more often than not in recent years.
“Ours is a society of written laws. Judges are not free to overlook plain statutory commands on the strength of nothing more than suppositions about intentions or guesswork about expectations. In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law,” wrote Gorsuch.
Fox News continued that the court justified their inclusion of orientation and gender identity into Title VII’s term “sex,” saying that if sex is a factor in discriminating, that triggers Title VII.
Justices Samuel Alito and Clarence Thomas dissented, calling the majority ruling “legislation.” Justice Brett Kavanaugh made a similar argument in his own dissent.