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- On Monday, the Supreme Court ruled that people who are gay, lesbian and transgender are subject to anti-discrimination employment protection.
- In a 6-3 decision, Conservative judges John Roberts and Neil Gorshuch spoke on the basis of four liberal votes.
- The decision strikes a blow to the Trump administration, which claims the existing protections did not extend to people based on their identification in the LGBTQ community.
- Visit the Business Insider homepage to learn more stories.
The Supreme Court ruled in a 6-3 solution on Monday that Title VII of the Civil Rights Act of 1964 applies to people from LGBTQ, striking a strange blow to the Trump administration, which has claimed it does not provide such protection.
Section VII protects workers from discrimination by the employer based on their race, color, religion, gender, and national origin.
When writing a majority opinion Bostock v. Clayton County, Georgia, Appointed by Trump to Justice Neil Gorshukh, wrote a decision to protect LGBTQ staff, stemming from existing sex protections of Title VII.
“The answer is obvious,” he wrote in the opinion of the majority.
He continued: “An employer who fires a person for homosexuality or transgender shooting, that a person who experiences traits of character or deed, would not question the opposite sex. Sex plays a necessary and indisputable role in decision-making, exactly what is forbidden heading VII. “.
Towards the end of the majority’s opinion, Gorshukh wrote that the ordinance was not “intended to apply to bathrooms, locker rooms or the like.”
“The only question we face is, will an employer who fires someone just for homosexuality or transgender be fired or otherwise discriminated against that person?” Because of the gender of such a person, ”he said.
Most of the decisions were joined by Chief Justice John Roberts, a conservative appointed by Bush, as well as four court liberals: Judges Elena Kagan, Sonia Sotomayor, Ruth Bader Ginzburg and Stephen Breyer.
Conservative judges Clarence Thomas, Samuel Alita and Trump-appointed Brett Cavanaugh have written dissenting comments.
The Supreme Court’s web page in this ruling declined immediately after its publication, making it so that many people do not have access to it.
The ruling focuses on three separate cases where a longtime employee was fired shortly after they left as a homosexual or transgender person in their workplace. Gerald Bostock has been a supporter of child welfare in Clayton County, Georgia, for decades, and was fired for the “irresistible” behavior of a county employee after he joined a gay recreational softball team.
Donald Zarda, a parachuting instructor in New York City, was fired a few days after he went gay. Amy Stevens, who worked at a funeral home in Michigan, was fired after she began representing herself as a woman at work after being hired and working there when she introduced herself as a man.
Monday’s decision serves as a blow to the Trump administration, which announced since 2017 that the existing statute does not protect people from discrimination in employment based on their identification as homosexual or transgender.
The landmark decision is also the biggest victory for the LGBT community since the court ruled in 2015 in decision 5-4, that the Fourteenth Amendment obliges all states to grant and recognize same-sex marriages.