Justice Neil Gorsuch, a conservative and Trump-appointed justice, wrote the majority opinion in the case of, representing himself and Chief Justice John Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan.
"Ours is a society of written laws," Gorsuch wrote."Judges are not free to overlook plain statutory commands on the strength of nothing more than suppositions about intentions or guesswork about expectations. In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee.
The Civil Rights Act provision in question barred employee discrimination on the basis of race, color, religion, national origin, and sex. The Trump administration argued that the law's prohibition of sex discrimination applied strictly to those who identify as men and women, and not to gay, transgender, or other gender nonconforming employees.
Justice Samuel Alito wrote in the dissent,"Even if discrimination based on sexual orientation or gender identity could be squeezed into some arcane understanding of sex discrimination, the context in which Title VII was enacted would tell us that this is not what the statute's terms were understood to mean at that time."
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