Wow! As noted in today’s New York Times, in a 6-3 Title VII decision written by JUSTICE GORSUCH (!) and joined in by Chief Justice Roberts:
“The Supreme Court ruled Monday that a landmark civil rights law protects gay and transgender workers from workplace discrimination, handing the movement for L.G.B.T. equality a stunning victory.”
This decision was long in coming, and the prevailing position advanced by the EEOC was hotly disputed by the same Administration’s Justice Department, which denied that Title VII provided such coverage
I wrote more than a year ago that the full federal appeals court in NYC ruled in the Zarda case that Title VII prohibits discrimination on the basis of sexual orientation through its prohibition of discrimination ‘because of … sex’ and that:
the EEOC noted that “the legal landscape has changed and the understanding of sex and sexual orientation has evolved over time.”
I have not yet read the entire decision, but no matter its ultimate rationale, the Supreme Court, or at least a majority, has apparently “evolved over time.”
My partner Amy, the “Notorious AEG” (not RBG!) has also written many posts here about this issue and the build up to the Supreme Court of this case so check it out!