Bostock v. Clayton County

Bostock v. Clayton County

Bostock v. Clayton County is a landmark decision by the Supreme Court of the United States that was decided on June 15, 2020. The case addressed the issue of whether discrimination based on sexual orientation or gender identity is prohibited under Title VII of the Civil Rights Act of 1964.

Background

The case originated when Gerald Bostock, a child welfare services coordinator for Clayton County, Georgia, was fired from his job after his employer learned that he was participating in a gay softball league. Bostock filed a lawsuit claiming that his termination was due to his sexual orientation, which he argued was a form of sex discrimination under Title VII.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination "because of sex," among other categories. The question before the Court was whether this prohibition extends to discrimination based on sexual orientation and gender identity.

Legal Proceedings

Bostock's case was initially dismissed by the district court, and the dismissal was upheld by the United States Court of Appeals for the Eleventh Circuit. However, the Supreme Court agreed to hear the case, consolidating it with two other cases: Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.

Supreme Court Decision

The Supreme Court, in a 6-3 decision, ruled that Title VII's prohibition on discrimination "because of sex" does indeed cover discrimination based on sexual orientation and gender identity. The majority opinion was written by Justice Neil Gorsuch, who was joined by Chief Justice John Roberts and the four liberal justices.

Justice Gorsuch's opinion emphasized that "it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex." The decision was hailed as a significant victory for LGBTQ+ rights in the United States.

Dissenting Opinions

Justices Samuel Alito, Clarence Thomas, and Brett Kavanaugh dissented. Justice Alito, joined by Justice Thomas, argued that the Court was effectively rewriting the law, as Congress had not explicitly included sexual orientation or gender identity in Title VII. Justice Kavanaugh wrote a separate dissent, acknowledging the importance of the issue but arguing that it was a matter for Congress to decide.

Impact

The decision in Bostock v. Clayton County has had a profound impact on employment law in the United States, extending protections to millions of LGBTQ+ workers. It has also influenced other areas of law and policy, prompting discussions about the scope of civil rights protections.

See Also

• Civil Rights Act of 1964
• LGBTQ+ rights in the United States
• Supreme Court of the United States

References

• Bostock v. Clayton County, 590 U.S. ___ (2020).
• "Supreme Court Rules That Civil Rights Law Protects Gay and Transgender Workers," The New York Times, June 15, 2020.

External Links

• Full text of the Supreme Court's decision