I was profoundly relieved and happy this morning that the Supreme Court announced its decision in three interrelated cases regarding LGBTQ employment rights. By 6-3 margin, the court ruled that protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964 also confers protection to gay, lesbian, and transgender people.
Many states and local jurisdictions have explicit laws regarding employment discrimination, but there has never been nationwide protection passed by Congress. Various versions of the Employment Non-Discrimination Act (ENDA) were debated in Congress between 2007 and 2014, but they were never passed.
There had been some differences in opinions in court cases as to whether Title VII applied to gay, lesbian, and transgender people. It took a number of years for these specific cases to make it through various courts and finally have their cases heard before the Supreme Court. Unfortunately two out of the three plaintiffs have died during this passage of time. I am profoundly grateful to them and their families for continuing to push forward through the court system. I’m also very grateful that they had the energy and resources to pursue this exhausting battle.
As I have stated before, when I started activism and advocacy for LGBTQ issues decades ago, I truly thought that employment and housing protections would be the first and most obvious rights granted to LGBTQ people. I was extremely surprised when same-sex marriage was passed before employment and housing protections were in place. The right to marry a same-sex partner still seems rather precarious when someone might be fired or thrown out of their home because they have exercised this right to be married.
I’m also relieved and grateful that two members of the court who are generally considered conservative were on the side of legal protections for LGBTQ people in this instance. Neil Gorsuch, a Trump appointee, wrote the majority opinion.
There are still many legal issues which need attention to protect LGBTQ people, so the struggle is far from over. As I mentioned housing protections are not in place nationwide. “Gay panic” and “trans panic” defenses are still allowed in many courts. Damaging “conversion therapy” is still allowed in many parts of the country.
Just last week, the administration removed protections for healthcare for trans people. The administration has also removed guidance intended to protect trans students.
So, let’s celebrate today’s victory, but keep in mind there are many more struggles ahead.