, the justices ruled 6-3 that the 1964 Civil Rights Act’s Title VII protections against discrimination on the basis of “sex” do apply to homosexual and transgender employees.
Gorsuch acknowledges the employers’ argument that “sex” in 1964 meant a rigid biological dichotomy — a notion that the employees in these cases and. But he argues that this is only one piece of the question of whether or not gay and trans people are protected.
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