Supreme Court Title VII cases will be argued tomorrow October 8


The appeals under consideration involve Gerald Lynn Bostock, who claims he lost his job working for Clayton County, Georgia, after he began playing in a gay recreational softball league.

"These cases will not only determine whether companies can legally fire someone just for being LGBTQ, but whether our community will face legal discrimination throughout all aspects of daily life".

Additionally, the justices will consider a claim by a transgender woman named Aimee Stephens who says she was dismissed from her job at a MI funeral home after she informed the owner that she was transitioning to female and would be dressing as a woman at work.

Aimee Stephens, right, with wife Donna Stephens at their home in MI. Two weeks later, she was sacked, with the boss saying: "This is not going to work".

The case has drawn even more attention than anticipated, with dozens of friend-of-the-court briefs on each side.

The US Department of Justice under President Donald Trump has supported the employers in each case. Title VII of that landmark law makes it illegal to dismiss or discriminate against any employee "because of such individual's race, color, religion, sex, or national origin".

The Supreme Court will hear a set of cases on Tuesday in which employers are being sued for firing their employees on the basis of their sexuality or gender.

The court's ruling 30 years ago-that employers may not rely on sex stereotypes to limit women's opportunities at work-meant that women could push back against the glass ceiling, which a federal commission once defined as "the unseen, yet unbreachable barrier" that impedes the success of women and minorities at work.

Only 20 states and the District of Columbia prohibit discrimination in employment based on sexual orientation and gender identity. "The growing legal consensus is that our nation's civil rights laws protect LGBTQ people against discrimination under sex non-discrimination laws".

Ria Tabacco Mar of the powerful American Civil Liberties Union (ACLU) said that "in many ways, this is more fundamental than what was at stake" in the same-sex marriage case of 2015. "It's not about religious freedom, it's about pushing LGBT people out of the public square".

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"I stood in the backyard for an hour with a gun to my chest, but I couldn't do it", she says.

While the three cases were consolidated for argument, the court could offer split opinions in the cases involving sexual orientation and gender identity or could find that Title VII applies to both categories, on the basis of "sex".

Another justice of interest was Brett Kavanaugh, but the newly confirmed Trump appointee kept his cards exceedingly close to his vest.

Justice Ruth Bader Ginsburg pointed out that the term sexual harassment was unknown in 1964, but now is considered sex discrimination.

Of the conservative justices it was the Trump-appointed Mr Gorsuch who voiced sympathy for the fired workers, saying sex seemed to be a "contributing cause" for their dismissals. "If the Supreme Court has enormous power not just to set the laws of our land but set the cultural path of our land, and to declare exactly what kind of country we want to be - I think that if this is an independent court, if it's a court that has not allowed the Trump administration and the far right's bigotry to enter its decision-making, then I think we're looking forward to a good result".

He later expressed concern, however, of judicial overstep. Since joining the Senate in 2009, Merkley has fought for LGBTQ+ protections at the federal level.

One of the advocates in Tuesday's battle is the estate of Donald Zarda, a skydiving instructor who was sacked from his job in 2010 after he revealed his homosexuality to a customer.

Among the cases the court will be considering is Harris Funeral Homes v. EEOC, the first-ever transgender rights case to come before the Supreme Court.

In 1989, the U.S. supreme court ruled that "sex discrimination" includes situations where employers make demands of women that they would not make of men, like requiring women to match their view of how women should be in the workplace.