"An employer who discriminates against homosexual or transgender employees necessarily...
... and intentionally applies sex-based rules."
https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
i am absolutely gobsmacked by the simplicity of gorsuch's bostock opinion. you can't discriminate against homosexual or transgender people without taking sex into account, and title vii says you can't take sex into account in employment decisions, full stop.
no pretending that it's about a lifestyle or choice. gorsuch explicitly shot down the idea that discriminating against gay men and lesbians equally somehow doesn't take sex into account. no pretending that there needs to be some balance with an employer's exalted right to practice bigotry.
simple.
if you're discriminating against lgbtq, you're discriminating on the basis of sex, and title vii says you can't do that.
he even noted that this probably wasn't the original intent -- that the drafters of title vii weren't thinking about homosexual or transgender employees. but the language they drafted prevented taking sex into account in employment decisions, and by the above logic, this covers homosexual and transgender employees as well.
i'm simply amazed that this came from gorsuch.
= new reply since forum marked as read
