Conservative Activists and Pundits Are Melting Down Over Gorsuch's Embrace of LGBTQ Rights - 2020-06-15
On Monday, Supreme Court Justice Neil Gorsuch betrayed the Constitution and the great cause of equality for which so many civil rights leaders fought, according to a number of really distraught conservative judicial activists.
Joined by fellow conservative Chief Justice John Roberts and the court's progressive wing, Gorsuch issued a landmark 6–3 ruling that Title VII of the 1964 Civil Rights Act prevents employers from discriminating against workers because they are gay or transgender, paving the way for breakthrough employment protections for LGBTQ people around the country.
As Mark Joseph Stern explained, the justices followed a straightforward legal theory that the portion of the Civil Rights Act that prohibits discrimination "because of sex" encompassed discrimination on the basis of sexual orientation and gender identity. It's impossible for an employer to discriminate against a gay or transgender person without taking into account the person's sex, which would mean discriminating on that basis, Gorsuch reasoned.