Title VII

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When one of the high court’s staunchest defenders of LGBTQ rights, Justice Anthony Kennedy, retired in 2018, most court watchers expected those rights to only get rolled back. Enter a strict textualist.

In a landmark, and unexpected, decision yesterday, the U.S. Supreme Court ruled that firing an employee because of their sexual orientation or gender identity violates federal law.

On Monday ā€œThe Supreme Court, by a vote of 6-3, ruled that even if Congress may not have had discrimination based on sexual orientation or transgender status in mind when it enacted the landmark law over a half century ago, Title VII’s ban on discrimination protects gay, lesbian and transgender employees. Because fewer than half of the 50 states currently ban employment discrimination based on gender identity or sexual orientation, today’s decision is a major victory for LGBT employees.ā€ (SCOTUSblog)

The Supreme Court ruled Monday that federal sex-based civil rights law protects workers from discrimination on the basis on sexual orientation and gender identity.

The six-to-three decision established that Title VII of the Civil Rights Act covers sexual orientation as well as an employee’s sex, meaning workers will now be protected in the 29 states that do not have laws protecting all LGBTQ employees from job discrimination. The ruling upheld decisions by lower courts that concluded job discrimination on the basis of sexual orientation was included in illegal sex discrimination.

The Supreme Court ruled Monday that a landmark civil rights law protects gay and transgender workers from workplace discrimination, handing the movement for L.G.B.T. equality a stunning victory.

The vote was 6 to 3, with Justice Neil M. Gorsuch writing the majority opinion. He was joined by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

A divided Supreme Court further advanced the cause of LGBTQ rights Monday, ruling that a landmark civil rights law barring sex discrimination in the workplace applies to gay, lesbian and transgender workers.

The decision was written by Associate Justice Neil Gorsuch, President Donald Trump's first nominee to the cour. He was joined by Chief Justice John Roberts and the court's four liberal justices. Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented.