In a blockbuster ruling for LGBT rights the Court said workers cannot be fired for being gay or transgender
THE DECISION on Monday in a case involving three plaintiffs – including Gerald Bostock, above – shocked Christian conservatives to the core, but what rankled them most was that one of the judges, right-wing Trump appointee Brett Kavanaugh, described the ruling as ‘an important victory.’
Although Kavanaugh dissented in the historic 6-3 decision – written by Justice Neil Gorsuch, another conservative judge appointed by Trump – he said the majority opinion represented an “important victory achieved today by gay and lesbian Americans,” who “advanced powerful policy arguments,” displayed “extraordinary vision, tenacity, and grit,” and “can take pride in today’s result” …
According to CNBC, Gorsuch wrote in the decision:
An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.
While workers in about half of America are protected by local laws that prohibit discrimination based on sexual orientation or gender identity, there was no federal law that explicitly barred LGBT workers from being fired on that basis.
The cases were brought by three workers who said they were fired from their jobs because they were gay or transgender. They argued that Title VII of the Civil Rights Act, which says that employers may not discriminate based on “sex,” also applies to sexual orientation and gender identity.
Gorsuch, above, was joined by Chief Justice John Roberts, a fellow conservative, and the court’s liberal wing, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Justices Samuel Alito, Clarence Thomas and Kavanaugh dissented.
Gerald Bostock said in an interview he was “elated.”
Bostock was fired from his job as a child welfare services coordinator in 2013 after joining a gay softball league. He said:
This has been a long seven years as you know … I went into shock. My partner and I embraced. I was thinking this has to be good, this has to be good. I’ve just been on a high ever since.
The two other plaintiffs in the cases have died.
Advocacy groups, business leaders and politicians immediately cheered the ruling. Kristen Browde, co-chair of the National Trans Bar Association, said in a statement:
This decision sends an unambiguous message that equal protection under the law applies to all and that an employee’s failure to adhere to an employer’s gender stereotype is not a licence to discriminate.
Sarah Kate Ellis, president and CEO of GLAAD, said the decision:
Affirms what shouldn’t have even been a debate: LGBTQ Americans should be able to work without fear of losing jobs because of who they are.
Apple CEO Tim Cook, the first Fortune 500 chief executive to come out as gay, tweeted that he was grateful for the ruling.
LGBTQ people deserve equal treatment in the workplace and throughout society, and today’s decision further underlines that federal law protects their right to fairness.
Former Vice President and Democratic presidential nominee Joe Biden, above said the court’s move:
Confirmed the simple but profoundly American idea that every human being should be treated with respect and dignity.
Later on Monday, Trump said at a White House event that “some people were surprised” with the top court’s decision but:
They’ve ruled, and we live with their decision. That’s what it’s all about. We live with the decision of the Supreme Court.
The workers who brought the cases are Bostock; Donald Zarda, who was fired from his job as a skydiving instructor after revealing his sexual orientation to a female client; and Aimee Stephens, a transgender funeral director who was fired after announcing her intention to present as a woman.
Only Bostock lived to see the cases decided. Zarda died before the case was argued and his challenge was pursued by his family. Stephens died last month at her home in Detroit from kidney failure,
Bostock said that if he got the chance to speak with himself seven years ago, knowing what he knows today, he would tell the younger version of himself that:
It’s going to be OK. I’m not the type that lies down quietly, and I feel like I’ve been pushed down, and honestly I came up swinging when this happened to me.
Tom Mew, Bostock’s attorney, said in an interview that:
It’s important for people to remember that while Gerald’s journey has been a very long one to get to this day, it is early days, in a legal sense, in Gerald’s underlying case.
But John Bursch, an attorney for the funeral home that employed Stephens, said in a statement that the decision was disappointing.
Redefining ‘sex’ to mean ‘gender identity’ will create chaos and enormous unfairness for women and girls in athletics, women’s shelters, and many other contexts. Civil rights laws that use the word ‘sex’ were put in place to protect equal opportunities for women. Allowing a court or government bureaucrats to redefine a term with such a clear and important meaning undermines those very opportunities – the ones the law was designed to protect.
Anti-gay bigots are venting their fury on the far-right Christian website, LifeSiteNews:
Here are some choice examples:
• We are still in the throes of a chastisement for societal embrace of grave evils like abortion and same sex marriage. So what does the court do instead of heeding the very obvious warning from God? They double down on their Godlessness.
• 1. I believe that homosexuality is sinful and people who are affected by it should overcome it. And I think that transgenderism is a disease.
2. I think so does Donald Trump.
3. He wants to win the next elections, and I want him to win, too.
4. He does not feel strong enough to win the elections if he would show opposition to the courts decision because the gay/LGBT lobby is too strong. So he puts a good face on a bad story.
5. What the court says and what Trump thinks or pretends to think does not change the truth.
• This is what Kavanaugh wrote: the majority opinion represented an “important victory achieved today by gay and lesbian Americans,” who “advanced powerful policy arguments,” displayed “extraordinary vision, tenacity, and grit,” and “can take pride in today’s result”. There we have it. Kavanaugh is fake opposition and so is Trump
• What bothers me is that LGBT propoganda is absolutely false but our leaders have fallen for it.
• Of course Trump’s approval of this decision is very disappointing … we must continue to pray for him, and for his full conversion to the Catholic Church.
• There is good news and bad news. The bad news is that LGBT terror will restrict religious teaching. The good news is the country is coming to an end.