Connect with us

Hi, what are you looking for?

The American GeniusThe American Genius

Politics

Why DID Gorsuch uphold Title VII for the LGBTQ+ community?

(POLITICS) Conservative SCOTUS justices rely on textualism to hand down landmark ruling in favor of LGBTQ rights in Bostock v. Clayton County

Title VII LGBT equality

I have to admit that my liberal proclivities were offended when Neil Gorsuch was confirmed to the Supreme Court. But the notoriously conservative Justice has followed his professional training to hand down a clear, concise, and logical landmark decision this week in Bostock v. Clayton County. The 6-3 ruling is a major win for the LGBTQIA++ community. Gorsuch is an unexpected champion of the landmark case as the author or the majority opinion.

The case concerned instances of employment discrimination based on sexual orientation and sex identity. In Bostock v. Clayton County, Gerald Bostock asserted he was fired for expressing interest in a gay softball league. The case called into question whether sexual orientation was a protected classification under Title VII of the Civil Rights Act of 1964.

The Eleventh Circuit – which hears cases for districts in Alabama, Georgia, and Florida – had relied on a precedent that sexual orientation is not protected by Title VII. The Civil Rights Act of 1964 prohibits an employer from discriminating against an employee, “because of such individual’s race, color, religion, sex, or national origin.”

Gorsuch’s opinion relies on “textualism,” which is the interpretation of the law based strictly on the written language of a law. This approach to the justice system does not consider the original intentions of the law’s authors, therefore rendering irrelevant whether or not the authors intended to exclude sexual orientation from the list of protected traits. Based on the language of Title VII, the opinion is clear:

“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.”

Advertisement. Scroll to continue reading.

Gorsuch also provides examples to illustrate how discrimination against sexual orientation falls under discrimination based on sex:

“Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague.”

A clear example of discrimination on the basis of sex. RBG must be proud.

Heather Buffo is a Cleveland native, a recovering Bostonian, and an Austin newbie. Heather is the Venture Growth & Partnerships Lead at Republic where she works with partners in private investing to democratize access to capital for entrepreneurs. Heather studied neurobiology at Harvard University, and is a City Year Boston AmeriCorps alum. She likes to write for AG, drink Austin beer, and ride around town on her road bicycle. His name is Pippin. Say hello if you see them.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Advertisement

The
American Genius
news neatly in your inbox

Subscribe to our mailing list for news sent straight to your email inbox.

Advertisement

KEEP READING!

Politics

(POLITICS) CEOs of Alphabet, Facebook, Apple, and Amazon set to testify in House Judiciary Committee antitrust investigation hearing today.

Politics

(POLITICS) Unemployment is at an all time high in the United States and individuals need to be aware of reapplying for additional benefits.

Politics

(POLITICS) The resurgence of COVID-19 has left Americans with a lot of questions about our nation’s economic future. That ambiguity is seemingly a feature,...

Politics

(POLITICS) Thousands of unemployed workers were overpaid in unemployment benefits by the State. Now Texas is asking them to return it all back.

Advertisement

The American Genius is a strong news voice in the entrepreneur and tech world, offering meaningful, concise insight into emerging technologies, the digital economy, best practices, and a shifting business culture. We refuse to publish fluff, and our readers rely on us for inspiring action. Copyright © 2005-2022, The American Genius, LLC.