In a 6-3 decision, the Supreme Court ruled that federal anti-discrimination laws cover gay and transgender individuals.
The high court ruled that when the law uses the word “sex,” it also protects people from being fired for being gay or transgender. Writing for the majority, Justice Neil Gorsuch concluded that the plain reading of the text leads to the conclusion that sex discrimination is not limited to ensuring that men and women are treated equally in the workplace. Instead, he noted that if an employer fired a man for being in a relationship with a man, but did not fire a woman for being in a relationship with a man, then that is a clear case of an employer discriminating against someone based on sex.
In his decision, Gorsuch wrote, “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…”
The three dissenting justices disagreed. Justice Samuel Alito pointed out that in the decades following the enactment of the federal anti-discrimination law, no one thought it covered gay or transgender individuals. He said that the majority was re-writing the law, not interpreting it. In his dissent, he wrote, “If every single living American had been surveyed in 1964, it would have been hard to find any who thought that discrimination because of sex meant discrimination because of sexual orientation — not to mention gender identity, a concept that was essentially unknown at the time.”
The case concerned three individuals who were fired for being either gay or transgender.
The justices joining Gorsuch in the majority were Chief Justice Roberts and Justices Kagan, Sotomayor, Breyer, and Ginsburg.
Do you support the Supreme Court ruling that federal law protects gay and transgender individuals from discrimination?