Supreme Court to decide if LGBT workers protected under sex discrimination law
WASHINGTON - The Supreme Court on Monday agreed to decide whether U.S. law banning workplace discrimination on the basis of sex protects gay and transgender workers, as the conservative-majority court waded into a fierce dispute involving a divisive social issue.
The court will take up two cases concerning gay people who have said they were fired due to their sexual orientation, one involving a New York skydiving instructor named Donald Zarda and another brought by a former county child welfare services coordinator from Georgia named Gerald Bostock. Kennedy wrote the 5-4 ruling in 2015 legalizing gay marriage nationally, a landmark in the U.S. gay rights movement. Kennedy also was the author of the court’s important 2003 ruling striking down laws criminalizing gay sex.
But Trump’s Justice Department and the employers that were sued have argued that Congress did not mean for Title VII to extend to gay and transgender people when it passed the law in 1964.Trump, who has strong support among evangelical Christian voters, has taken aim at gay rights and transgender rights. His Justice Department at the Supreme Court supported the right of certain businesses to refuse to serve gay people on the basis of religious objections to gay marriage.
The New York-based 2nd U.S. Circuit Court of Appeals in February 2018 ruled in Zarda’s favor after a trial judge threw out his original claim.
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