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The Supreme Court has ruled that Title VII of the Civil Rights Act applies to the LGBT community. In effect, the Supreme Court bans LGBT discrimination in the workplace. The ruling came down in a 6-3 vote, with Chief Justice John Roberts and Justice Neil Gorsuch joining the court’s four liberal members in the majority. Gorsuch penned the majority opinion.
The CRA does not directly mention citizens in the LGBT community. However, Title VII of the act bans discrimination based on sex. Gorsuch wrote that “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”
The court’s three dissenting justices argued that since the CRA did not specifically mention the LGBT community, they were not protected. Justice Samuel Alito argued that by adding protections for those not mentioned, the court was acting like a legislature. In the dissenting opinion, he wrote, “There is only one word for what the Court has done today: legislation.”
Politics
The decision comes on the heels of the Trump administration rolling back protections for LGBT patients this past Friday. The Obama administration put these protections into place just a few years prior.
With the president facing a fierce reelection campaign, this is not likely to be the last we’ve heard on this issue. Both political parties like to use culture war issues to energize the base. If the coronavirus continues to ravage the nation and the economy remains weak, expect more wedge issues to creep into the discussion.
While wedge issues have helped Republicans in the past, it may not be politically advantageous to push them now. Protests are still raging nationwide over the killing of George Floyd by Minnesota police. Support for minority rights is likely at an all-time high at the moment. Attacking LGBT rights may be popular with die-hard Republican supporters, but it could hurt their chances with Independents.
The Supreme Court bans LGBT discrimination in the workplace. Do you agree with the decision? Let us know in the comments.