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babylonsister

(171,094 posts)
Mon Jun 15, 2020, 05:23 PM Jun 2020

The Supreme Court's Landmark LGBTQ Civil Rights Ruling Will Extend Far Beyond Employment Law



7 mins ago
The Supreme Court’s 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 Act’s prohibition on sex discrimination in employment. The decision means LBGTQ folks can no longer lose their jobs simply for being queer.

“In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964,” writes Justice Neil Gorsuch, a Trump appointee, in the majority opinion. “There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. 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.”


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 And Mark Horton, the gay man from Illinois I wrote about last year who says he had a job offer rescinded after his future employer found out he was married to a man, will finally get his day in court.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 won’t directly overturn discriminatory policies outside the realm of employment, says Sharon McGowan, Legal Director for Lambda Legal—which argued one of the Title VII cases before the Second Circuit Court—but 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.

“There are lots of places where this should just be plug and play,” she says. “And individuals should be able to continue to have their rights vindicated or be able to start having their rights vindicated if they were not in a place where that law was clear previously.”


more...

https://www.motherjones.com/politics/2020/06/supreme-court-lgbtq-ruling-trans-gay-employment-discrimination/
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SWBTATTReg

(22,171 posts)
3. The logic employed by Gorsuch is so unassailable that I wonder why did it ever have to get to ...
Mon Jun 15, 2020, 05:36 PM
Jun 2020

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)
5. Credit the attorney that made that argument
Mon Jun 15, 2020, 05:53 PM
Jun 2020

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)
8. Amazing. Thanks for the additional blurb, I will search on YouTube to see if there's a blurb...
Mon Jun 15, 2020, 06:07 PM
Jun 2020

on w/ her appearance on MSNBC. Take care.

 

StarfishSaver

(18,486 posts)
4. Among other things, it invalidates Friday's rollback of protections under the ACA
Mon Jun 15, 2020, 05:39 PM
Jun 2020
The Supreme Court likely just invalidated Trump's roll back of LGBTQ protections in health care

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)
6. It's as important as the marriage ruling, IMO.
Mon Jun 15, 2020, 05:57 PM
Jun 2020

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 let’s elect Biden and concrete this sucker.

 

janterry

(4,429 posts)
10. Narrow verdict?
Mon Jun 15, 2020, 06:51 PM
Jun 2020

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 individual’s 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.


 

janterry

(4,429 posts)
11. Court says this is not 'plug and play'
Mon Jun 15, 2020, 06:58 PM
Jun 2020

(no idea, not a lawyer

But seems like other lawyers involved in case disagree with this assessment?

Blue_true

(31,261 posts)
12. Gorsuch really surprised on this ruling, as did Kavanaugh on the Texas death row inmate case.
Mon Jun 15, 2020, 10:08 PM
Jun 2020

Roberts appears to be straddling the fence more and more in 5-4 and 6-3 liberal leaning rulings.

babylonsister

(171,094 posts)
15. Here's another one on the burner; reproductive rights...
Mon Jun 15, 2020, 10:34 PM
Jun 2020
https://www.cnbc.com/2020/05/22/supreme-court-readies-for-decisions-on-daca-lgbtq-rights-abortion.html

snip//

Another major case could provide signals about the future of reproductive rights, an election year time bomb.

Trump’s 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, Trump’s 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 Trump’s impact.
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