The most important LGBTQ equality cases since same-sex marriage may be a toss-up. And the swing vote—surprisingly, based on today’s oral arguments—may be Justice Neil Gorsuch.
At issue in today’s three cases is whether the federal anti-discrimination law, known as Title VII, protects gay and trans workers from being fired because of who they are. That law does not mention sexual orientation or gender identity. But, LGBTQ advocates argue, when someone is fired for being LGBTQ, that is covered under Title VII’s ban on discrimination “because of sex.”
After all, they argued today, if a man is fired from his job for disclosing that he is attracted to other men—as happened to Gerald Bostock, one of the plaintiffs today—that is sex discrimination: had Gerald Bostock been a woman, he wouldn’t have been fired.
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