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"The Supreme Court on Monday added what could be landmark issues... whether federal anti-discrimination laws protect on the basis of sexual orientation and gender identity."

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Title : "The Supreme Court on Monday added what could be landmark issues... whether federal anti-discrimination laws protect on the basis of sexual orientation and gender identity."
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"The Supreme Court on Monday added what could be landmark issues... whether federal anti-discrimination laws protect on the basis of sexual orientation and gender identity."

Robert Barnes reports at WaPo:
The court accepted three cases for the term that begins October. They include a transgender funeral home director who won her case after being fired; a gay skydiving instructor who successfully challenged his dismissal; and a social worker who was unsuccessful in convincing a court that he was unlawfully terminated because of his sexual orientation.

The cases shared a common theme: Whether Title VII of the Civil Rights Act of 1964, which forbids discrimination on the basis of sex, is broad enough to encompass discrimination based on gender identity or sexual orientation....

Few would venture that Congress had transgender and gay Americans in mind decades ago when prohibiting discrimination on the basis of sex....
Sex is different from gender — yes or no? I don't think the rights advocates have to say sex equals gender to win, and sex discrimination in the employment context rarely has to do with the genitalia. It's about how the employee looks and acts and speaks and the various assumptions and reactions that happen in the mind of others.

It will be interesting to have these issues so active in the public discourse as we go through the 2020 elections. Conservatives dominate the Supreme Court, and that may mean that the rights advocates lose all these cases, just as America is deciding who we want to appoint the next Justice or two or three. A lot of us may think it's time to bolster the liberal side of the Court. We will get a great chance to think about whether the liberals or the conservatives seem properly judicial and better in touch with what we imagine the law really means.


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