Posted by 23 April 2019
How far should the 1964 Civil Rights Act go to cover discrimination based on sexual orientation or gender identity? That is a question that has split the Obama and Trump Administrations, and now the Supreme Court is taking up the issue.
Earlier this month, the court agreed to hear three cases that involve the interpretation of this fifty-five year old law, which prohibits discrimination based on sex. The cases involve two individuals who were fired from jobs because they were gay and one individual who was fired from a job because she is transgender.
The Obama Administration and some courts have held that discriminating against someone because of their sexual orientation or because of their gender identity, that is a violation of the law. The Obama Administration embraced that view, reversing what the Justice Department’s traditional interpretation of the law. The Trump Administration contends that when the 1964 law bars discrimination based on sex, it means discrimination based on one’s biological sex.
Some states prohibit discrimination based on sexual orientation and gender identity. There is a federal law that would enact the same protections nationally, but it has yet to pass Congress.
Do you think that federal law should be interpreted to prohibit discrimination against people based on their sexual orientation or their gender identity?