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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Supreme Court's Landmark LGBTQ Civil Rights Ruling Will Extend Far Beyond Employment Law
7 mins ago
The Supreme Courts Landmark LGBTQ Civil Rights Ruling Will Extend Far Beyond Employment Law
Experts say the decision has implications for everything from housing to health care.
Laura Thompson
The Supreme Court's decision to protect gay and transgender Americans from employment discrimination comes in the midst of the Trump Administration's attack on the LGBTQ community.Kevin Wolf/AP
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On Monday, the Supreme Court handed LGBTQ Americans one of their biggest civil rights victories yet. In a 6-3 decision, the court ruled that gender identity and sexual orientation were protected under Title VII of the 1964 Civil Rights Acts prohibition on sex discrimination in employment. The decision means LBGTQ folks can no longer lose their jobs simply for being queer.
The ruling provides some much-needed clarity for lower courts and state officials, who are currently working with a hodgepodge of different (and sometimes conflicting) nondiscrimination policies. Until Monday, the 10th Circuit Court has maintained that transgender people are not protected by prohibitions on sex discrimination under Title VII. And Mark Horton, the gay man from Illinois I wrote about last year who says he had a job offer rescinded after his future employer found out he was married to a man, will finally get his day in court.
And though the case was specific to employment discrimination, the implications beyond the workplace are huge. The ruling wont directly overturn discriminatory policies outside the realm of employment, says Sharon McGowan, Legal Director for Lambda Legalwhich argued one of the Title VII cases before the Second Circuit Courtbut it does set a precedent that makes it incredibly difficult to exclude gay and transgender people from other laws that prohibit discrimination on the basis of sex.
more...
https://www.motherjones.com/politics/2020/06/supreme-court-lgbtq-ruling-trans-gay-employment-discrimination/
sheshe2
(83,933 posts)Zoonart
(11,879 posts)SWBTATTReg
(22,171 posts)this point, to be taken all of the way up to the Supreme Court for a ruling? The bit of logic I'm talking about...
Gorsuch (and ironically enough, a trump appointee):
The answer is clear. 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, exactly what Title VII forbids.
Why did it have to get to this point when those in the know use their logical thought processes and thus, should be able to come up with this very same logic?
Just asking.
nuxvomica
(12,448 posts)She was on MSNBC today and said she basically argued that when a male named Bobby is fired for being married to a man and a female named Bobby is not fired for being married to a man, the sole distinguishing factor is Bobby's sex and Title VII is unambivalent about that. I think it's one of those great arguments that isn't necessarily obvious until it's articulated.
SWBTATTReg
(22,171 posts)on w/ her appearance on MSNBC. Take care.
uponit7771
(90,364 posts)StarfishSaver
(18,486 posts)I suspect the Trump team was confident this case would go the other way and rushed through the revocation of the regulation because it thought they were all in sync.
The action last Friday revoked an Obama-era regulations interpreting the Affordable Care Act prohibition against discrimination on the basis of sex to include prohibition against discrimination against LGBTQ people.
Although today's case applies to the Civil Rights Act, its ruling that the definition of sex discrimination in the Civil Rights Act includes LGBTQ means that the same prohibition in the ACA would also apply to LGBTQ.
So now the administration no longer has the power to issue regulations interpreting the law as it chooses since the Court just told them, in no uncertain terms, what the law says.
Sweet ...
https://www.democraticunderground.com/100213597590
Sympthsical
(9,121 posts)And I loved the inexorable logic Gorsuch applied that tied anti-LGBT discrimination to sex.
He married us to the Civil Rights Act.
That is monumental. That is precedent. This goes far, far beyond just workplace discrimination. When you jot down historic dates in the LGBT movement, this is a big one.
Now lets elect Biden and concrete this sucker.
lindysalsagal
(20,733 posts)One for US.
no_hypocrisy
(46,202 posts)the Equal Protection Clause of the 14th Amendment?
https://en.wikipedia.org/wiki/Strict_scrutiny
janterry
(4,429 posts)Page 34 of the majority opinion
What are these consequences anyway? The employers worry that our decision will sweep beyond Title VII to other federal or state laws that prohibit sex discrimination. And, under Title VII itself, they say sex-segregated bathrooms, locker rooms, and dress codes will prove unsustainable after our decision today. But none of these other laws are before us; we have not had the benefit of adversarial testing about the meaning of their terms, and we do not prejudge any such question today. Under Title VII, too, we do not purport to address bathrooms, locker rooms, or anything else of the kind. The only question before us is whether an employer who fires someone simply for being homosexual or transgender has discharged or otherwise discriminated against that individual because of such individuals sex. As used in Title VII, the term discriminate against refers to distinctions or differences in treatment that injure pro- tected individuals. Burlington N. & S. F. R., 548 U. S., at 59. Firing employees because of a statutorily protected trait surely counts. Whether other policies and practices might or might not qualify as unlawful discrimination or find justifications under other provisions of Title VII are questions for future cases, not these.
Link to tweet
janterry
(4,429 posts)(no idea, not a lawyer
But seems like other lawyers involved in case disagree with this assessment?
Blue_true
(31,261 posts)Roberts appears to be straddling the fence more and more in 5-4 and 6-3 liberal leaning rulings.
uponit7771
(90,364 posts)babylonsister
(171,094 posts)snip//
Another major case could provide signals about the future of reproductive rights, an election year time bomb.
Trumps two appointees will rule in their first abortion case as Supreme Court justices in a dispute over a Louisiana measure that critics have said could leave the state with just one abortion provider.
Justice Brett Kavanaugh, Trumps second appointee, could be a key vote in the case, which resembles a dispute the court heard four years ago over an identical Texas law. In that case, the court said the law was unconstitutional. If the justices now go the other way and uphold the Louisiana measure, many will see it as a direct result of Trumps impact.