The Supreme Court case reshaping LGBTQ+ rights: A primer

LGBTQ + supporters wave a rainbow flag in front of the U.S. Supreme Court during oral arguments in Bostock v. Clayton County on Oct. 8, 2019, in Washington, D.C. In 2020’s Bostock v. Clayton County decision, the U.S. Supreme Court ruled that discrimination on the basis of gender identity and sexual orientation is a form of “sex discrimination” prohibited in employment.

The landmark Bostock ruling’s impact on LGBTQ+ civil rights is proving significant. Here’s a crash course on the case, how it is shaping federal policy and being used to challenge legislation that aims to curb transgender rights.

This ruling is binding precedent only for Title VII employment cases, and Gorsuch made it clear that it did not address questions beyond those narrow circumstances. Nevertheless, manyand legal experts saw potential for the same legal logic to be applied to other laws that prohibit"sex discrimination," such as Title IX, which prohibits sex-based discrimination in federally funded schools; the Affordable Care Act; and even the U.S. Constitution.

"The bottom line is that the Administration is interpreting Bostock more broadly than perhaps the Court will ultimately accept," Duke University law professor Doriane Lambelet Coleman told PolitiFact in an email. "I think that the margins of Bostock are going to be subject to a tremendous amount of litigation," said Elana Redfield, federal policy director at the Williams Institute, a think tank at the UCLA School of Law."As the Biden administration continues to examine the applicability of Bostock in other contexts, that's going to provide new testing ground for the scope of the ruling.

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Source: Law Daily Report (lawdailyreport.net)

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