How a Recent LGBTQ Court Case Could Affect Your Rights
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Hello, friends! I hope you are having a wonderful day. Today, I want to talk to you about a very important topic: LGBTQ rights. As you may know, the Supreme Court of the United States (SCOTUS) recently heard arguments in two cases that could have a huge impact on the lives of LGBTQ people in America. These cases are about whether Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, also protects LGBTQ people from discrimination based on their sexual orientation or gender identity. In other words, can your employer fire you for being gay, lesbian, bisexual, transgender, or queer?
What are the Cases About?
The two cases are Bostock v. Clayton County and Altitude Express v. Zarda. Both involve employees who were fired for being gay. Gerald Bostock was a child welfare coordinator in Georgia who was terminated after he joined a gay softball league. Donald Zarda was a skydiving instructor in New York who was fired after he told a female customer that he was gay to make her feel more comfortable during a tandem jump. Both Bostock and Zarda sued their former employers, claiming that they violated Title VII by discriminating against them because of their sex.
The third case is R.G. & G.R. Harris Funeral Homes v. EEOC. This case involves Aimee Stephens, a transgender woman who worked as a funeral director in Michigan. She was fired after she informed her employer that she planned to transition from male to female and dress accordingly. She also sued her former employer, alleging that they violated Title VII by discriminating against her because of her sex.
What are the Arguments?
The main question that the SCOTUS has to answer is: what does “sex” mean in Title VII? Does it only refer to biological sex, or does it also include sexual orientation and gender identity? The plaintiffs, Bostock, Zarda, and Stephens, argue that discriminating against someone for being LGBTQ is inherently based on sex, because it involves treating them differently for not conforming to stereotypes or expectations associated with their sex assigned at birth. For example, if a male employee is fired for being gay, he is being punished for being attracted to men, which is something that is expected of women, not men. Similarly, if a female employee is fired for being transgender, she is being punished for identifying as a woman, which is something that is expected of men, not women. Therefore, the plaintiffs claim that Title VII covers LGBTQ people as a subset of sex discrimination.
The defendants, Clayton County, Altitude Express, and Harris Funeral Homes, argue that Title VII does not cover LGBTQ people, because it only prohibits discrimination based on sex, not sexual orientation or gender identity. They claim that Title VII was only intended to protect women from being treated worse than men, and vice versa, based on their biological sex. They also argue that Congress has never amended Title VII to explicitly include LGBTQ people, despite having the opportunity to do so over the years. Therefore, the defendants claim that Title VII does not cover LGBTQ people as a separate category of discrimination.
What are the Implications?
The SCOTUS is expected to issue its ruling by June 2024. Depending on the outcome, the ruling could have significant implications for the rights and protections of LGBTQ people in America. If the SCOTUS rules in favor of the plaintiffs, it would mean that LGBTQ people are protected from discrimination in employment, as well as in other areas that are covered by federal civil rights laws, such as education, housing, health care, and public accommodations. This would be a huge victory for the LGBTQ community, as it would provide them with a consistent and nationwide protection from discrimination, regardless of the state or local laws that may vary.
If the SCOTUS rules in favor of the defendants, it would mean that LGBTQ people are not protected from discrimination in employment, and that they would have to rely on the state or local laws that may or may not protect them. This would be a huge setback for the LGBTQ community, as it would create a patchwork of laws that could leave them vulnerable to discrimination, depending on where they live or work. It would also send a message that LGBTQ people are not worthy of equal dignity and respect in society.
What You Can Do
I am hoping and praying that the SCOTUS will rule in favor of the plaintiffs, and affirm that LGBTQ people are protected by Title VII. However, I also know that we cannot take anything for granted, and that we have to keep fighting for our rights and visibility. That’s why I urge you to do the following:
Educate Yourself and Others
Learn more about these cases and their potential impact. You can read more about them [here] and [here]. Share this information with your friends, family, and social media followers. Spread awareness and knowledge about the issues that affect our community.
Contact Your Representatives and Senators
Urge them to support the Equality Act, a bill that would amend the Civil Rights Act to explicitly include sexual orientation and gender identity as protected categories. You can find their contact information [here]. Tell them why this bill is important for you and millions of LGBTQ Americans. Make your voice heard and your vote count.
Support LGBTQ Organizations and Causes
Donate to or volunteer for LGBTQ organizations and causes that are working to advance our rights and well-being. You can find some of them [here] and [here]. They need your help and support to continue their work and advocacy.
Be Proud of Who You Are and Celebrate Your Identity
You are beautiful, valid, and worthy of love and respect. Don’t let anyone tell you otherwise. Be proud of who you are and celebrate your identity. You are not alone. We are in this together. Stay strong, stay safe, and stay fabulous!
Conclusion
Thank you for reading this blog post. I hope you found it informative and helpful. Please feel free to share your thoughts and opinions in the comments section below. And remember, you are not alone. We are in this together. Stay strong, stay safe, and stay fabulous!
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