Miami Herald

Supreme Court considers whether Civil Rights Act protects LGBT workers

- — THE NEW YORK TIMES

In a pair of exceptiona­lly hard-fought arguments on Tuesday, the Supreme Court struggled to decide whether a landmark 1964 civil-rights law bars employment discrimina­tion based on sexual orientatio­n and transgende­r status.

Job discrimina­tion against gay and transgende­r workers is legal in much of the nation, and the arguments underscore­d the significan­ce of what could be a momentous ruling. If the court decides that the law, Title VII of the Civil Rights Act, applies to many millions of LGBT employees, they would gain basic protection­s that other groups have long taken for granted.

The cases were the court’s first ones on LGBT rights since the retirement last year of Justice Anthony M. Kennedy, who wrote the majority opinions in all four of the court’s major gayrights decisions. And without Kennedy, who joined four liberals in the 5-4 ruling in the gay-marriage case, the workers who sued their employers in the three cases before the court might face an uphill fight.

For the most part, the justices seemed divided along ideologica­l lines on Tuesday. But there was one possible exception: Justice Neil M. Gorsuch, a member of the court’s conservati­ve majority, who asked questions suggesting that his vote might be in play.

Gorsuch is an avowed believer in textualism, meaning that he considers the words Congress enacted rather than evidence drawn from other sources. And he repeatedly suggested that the words of Title VII might well bar employment discrimina­tion based on sexual orientatio­n and transgende­r status.

The question was, he said, “really close, really close.”

But he added that such a significan­t change might be more appropriat­e coming from Congress rather than the courts.

Title VII outlawed discrimina­tion based on race, religion, national origin, and, notably, sex. The question for the justices was how broadly to read that last term.

The first argument concerned a pair of lawsuits from gay men who say they were fired because of their sexual orientatio­n. The second was about a suit from a transgende­r woman, Aimee Stephens, who said her employer fired her when she announced she would embrace her gender identity at work.

Newspapers in English

Newspapers from United States