LGBTQ Rights Under Attack at US Supreme Court

The US Supreme Court is getting ready to consider whether Title VII, which protects workers against discrimination based on “sex,” also protects them against discrimination based on “sexual orientation.” In other words, the Court will decide whether employers can discriminate against LGBTQ people.

The main arguments of those who want to allow discrimination are:
1. The prohibition against “sex” discrimination in Title VII just means discrimination based on someone being a man or a woman, since those are the only two “sexes.
2. Prohibiting discrimination against LGBTQ people would infringe on the religious beliefs of those who believe there are only two sexes.
3. Prohibiting discrimination against LGBTQ people would infringe on the free speech of those who would no longer be able to use only two pronouns, “he” and “she,” when talking about other people.

This case is obviously a big deal, because Justice Anthony Kennedy, who is now retired, had been the 5th vote to protect the rights of LGBTQ people under Title VII and the Constitution. He was replaced by Brett Kavanaugh, so we will now find out whether there are only four votes to protect the rights of all people.

Stay tuned – this is one of several blockbuster cases affecting workers’ rights that the Supreme Court will hear when it reconvenes in October.

By: Bill Sokol | September 12, 2019

Legal Developments