The Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from being discriminated against on the basis of sexual orientation or gender identity.
“An individual’s homosexuality or transgender status is not relevant to employment decisions,” Gorsuch wrote. “That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” The Trump administration used that ambiguity to argue that lawmakers’ original intent focused solely on protecting women’s rights and, therefore, shouldn’t be extended to include sexual orientation or gender identity.
Near the end of arguments in October, Justice Sonia Sotomayor, a member of the court’s liberal bloc, appeared to argue that Title VII should indeed be used to protect groups that historically have faced discrimination.
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