LGBTQ activists are celebrating a massive win following the United States Supreme Court’s ruling on Monday that Title VII of the Civil Rights Act of 1964 includes anti-discrimination protections for LGBTQ workers.

“Today, SCOTUS ruled that ‘an employer who fires an individual merely for being gay or transgender defies the law.’ This is a major legal victory,” the Sylvia Rivera Law Project tweeted out. “Our fight to create a world without workplace discrimination for trans people, disproportionately trans people of color, goes on.”

Bestselling author and transgender rights activist Janet Mock expressed similar sentiments.

“A victory hard won in the courts & on the streets,” Mock wrote. “Grateful to the lawyers, organizers & activists but most grateful to those who had to live stealth or closeted, who lost jobs for living their truth, who left parts of themselves at their employers door.”

Chase Strangio, an ACLU lawyer involved in the case, noted that the language used in the decision was reflective of the words that were used by plaintiffs and the LGBTQ community in general — a huge victory in and of itself.

“The words that we crafted. And fought for. In the middle of the night. Through so many drafts. Are in this opinion,” Strangio tweeted. “The words of trans lawyers. The words of Black queer women lawyers. Our words.”

In the days leading up to this Supreme Court ruling, some LGBTQ lawyers and activists had expressed cautious hope about the possibility of such a victory, but the outcome was widely deemed uncertain.

Two conservatives on the bench, Justices John Roberts and Neil Gorsuch, joined liberal Justices Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg and Stephen Breyer on Monday in rendering the ruling. Conservative Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito dissented from the majority decision.

Gorsuch delivered the opinion of the Court, determining that, on the question of whether firing an LGBTQ worker is improper or not, 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,” Gorsuch wrote. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

Title VII protects against discrimination in the workplace when it comes to sex, but it doesn’t explicitly state that it also protects against gay or transgender workers from being fired. Gorsuch explained that, in those instances, the protections on sex in Title VII extends to those workers as well.

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LGBTQ Activists Celebrate Victory in Supreme Court’s Anti-Discrimination Ruling by Chris Walker

June 15, 2020