Gorsuch on Expanding Sex Discrimination Protections to

New Post Public Reply Private Reply Replies (0) Message Board
PoemStone
89
Gorsuch on Expanding Sex Discrimination Protections
to Cover Trans, Gay Individuals: ‘Massive Social Upheaval’
< >

20ac3dm-640x439.jpg

The United States Supreme Court on Tuesday heard oral arguments on two cases that ask the court to expand the sex discrimination protections in the Civil Rights Act of 1964 to cover homosexuals and transgenders.

Bostock v. Clayton County Georgia and Altitude Express, Inc. v. Zarada were brought by homosexual men who claimed they were fired because of their sexual orientation.

R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC centers on a man who was fired after he announced he had changed his name and would now be coming to work as a woman. The business’s sex-specific dress code required women to wear skirts as their work uniform.

Justice Neil Gorsuch had an exchange with David Cole, attorney for Aimee Stephens, who was William Stephens for the six years he worked at the funeral home, first as an apprentice and then as a funeral director and embalmer.

Cole said that Stephens would have been fired even if he complied with the dress code for women in the funeral home because he was a man, a clear case of sex discrimination, he argued. Gorsuch said:

I guess I — I’d just like you to have a chance to respond to Judge Lynch in his thoughtful dissent in which he lamented everything you have before us, but suggested that something as drastic a change in this country as bathrooms in every place of employment and dress codes in every place of employment that are otherwise gender neutral would be changed, that that — that that’s an essentially legislative decision.

“Judge Lynch is a very thoughtful judge and — and wrote a very thoughtful opinion that I — I think he probably regretted having to write,” Gorsuch said. “What do you say to him?”

Cole said:

I say that recognizing that transgender people have a right to exist in the workplace and not be turned away because of who they are does not end dress codes or restrooms. There are transgender lawyers in this courtroom today.

“Of course, there are,” Gorsuch said. “That’s not the question, Mr. Cole.”

“Mr. Cole, the question is a matter of the judicial role and the modesty in interpreting statutes that are old. And that’s the question he posed,” Gorsuch said.

“Nobody is questioning, and he certainly did not, the legitimacy of the claims and the importance of them,” Gorsuch said.

“The question is about judicial interpretation,” Gorsuch said. “If you wish to address it.”

Cole said that the Plaintiff was not asking to change the definition of sex as it was defined in 1964 but argued that it was because of his sex as a man who wanted “to present” as a woman that caused the termination.

Gorsuch responded that the case could be close on the “textual” review of the 1964 law but that social implications are much broader. He said:

At the end of the day, should he or she take into consideration the massive social upheaval that would be entailed in such a decision, and the possibility that — that Congress didn’t think about it. That is more effective — more appropriate a legislative rather than a judicial function?

But Cole argued transgenders are not “disruptive.”

“So, first of all, federal courts of appeals have been recognizing that discrimination against transgender people is sex discrimination for 20 years,” Cole said. “There’s been no upheaval.”

“As I was saying, there are transgender male lawyers in this courtroom following the male dress code and going to the men’s room and the Court’s dress code and sex-segregated restrooms have not fallen,” Cole added.

“So the notion that somehow this is going to be a huge upheaval, we haven’t seen that upheaval for 20 years, there’s no reason you — you would see that upheaval,” Cole said. “Transgender people follow the rule that’s associated with their gender identity.”

“It’s not disruptive,” Cole said.

In previewing the cases, Steven D. Schwinn, professor of law at the University of Illinois Chicago John Marshall Law School, said that the court’s ruling “matters deeply to the estimated 11.3 million LGBTQ adults in the United States.”

But “employers, the government and their amici argue that the plaintiff’s reading of Title VII would so ‘expand’ the concept of “sex” that employers would not know show to comply, and courts would not know how to enforce it.”

Schwinn wrote:

Moreover, the defendants and their amici argue that the plaintiffs’ reading of Title VII could mean the end of things like sex-specific restrooms and locker rooms and this could actually undermine Title VII by threatening other sex specific practices and institutions that are designed to provide an equal playing field between men and women.

These cases are Bostock v. Clayton County Georgia, No. 17-1618, Altitude Express, Inc. v. Zarda, No. 17-1623, and R.G. &G.R. Harris Funeral Homes, Inc. v. EEOC, No. 18-107 in the Supreme Court of the United States.
Featured stocks: Coffee Shoppe
For conservative debate: "Keeping it Real"
Game Changing stock $SHMP

Scroll down for more posts ▼

Top 10 Most Recent News Articles

FDA Greenlights Halozyme's Cancer Treatment Breakthrough

Updated Category News Views 34

FDA's Seal of Approval: A Game Changer Well, folks, here's a twist in the story of cancer treatment with FDA giving a nod to RYBREVANT FASPRO. Johnson & Johnson's latest offering, fueled by Halozyme's groundbreaking ENHANZE technology, just snagged accelerated approval. We're not just talking any old treatment here; it's a dual-targeted therapy for head and neck cancer...

Continue Reading
Radiation Oncology Text Earns Doody's 2026 Nod

Updated Category News Views 36

Recognition in Radiation Oncology In the rapidly advancing arena of radiation oncology, staying current is no small feat. But here's a feather in the cap of one publication doing just that: Fundamentals of Radiation Oncology: Physical, Biological, and Clinical Aspects, 4th Edition. This resource has made quite the splash by snagging a spot on the 2026 Doody's Core Titles...

Continue Reading
Sass Magazine's 2026 COZY Issue Embraces Intentional Joy

Updated Category News Views 7

An Unexpected Shift in Sass's Seasonal Focus When you think November and December, it's easy to picture the hustle and bustle of holiday preparations—shopping, parties, running around. But toss all that hullabaloo out the window, because Sass Magazine has thrown a curveball for their 2026 release. They're steering the ship towards the calm, with their COZY Issue shaping...

Continue Reading
Pete Crow-Armstrong Unveils Signature Baseball Gloves

Updated Category News Views 22

The Windy City Meets the Diamond Alright, bear with me here. Monday morning vibes, right? But here's something that'll turn your breakfast around if you're into baseball—or just the latest scoop on players making waves in gear. Pete Crow-Armstrong, the Chicago Cubs center fielder who's been lighting up the field, has his name on some fresh gear. We're talking signature...

Continue Reading
TELUS Targets Debt Reduction Amid Telecom Transformation

Updated Category News Views 21

Adjusting Strategy Amid Financial Challenges The market's a tough beast, and TELUS seems to be wrestling with it, showing both grit and foresight in its latest quarterly update. Third quarter 2026 has TELUS down on revenues with a notable net loss but don't count them out yet. Their Transformation Strategy is a gamble worth watching. Where the Numbers Stand Here's the...

Continue Reading
Fermi's Leadership Saga: Proxy Wars and Power Struggles

Updated Category News Views 76

Unfolding the Drama at Fermi (NASDAQ:FRMI) You'd think you were watching a suspense drama unfold, not an annual shareholder meeting report. The co-founder of Fermi, Toby Neugebauer, stepped into the spotlight, throwing shade at Rick Perry and the board's shaky status quo. Pitting Shareholders Against the Board Neugebauer isn't mincing words about the current state of...

Continue Reading
Yiren Digital's Tumble: Lawsuit Timeline for Investors

Updated Category News Views 0

Yiren's Stock Plunge and the Legal Quagmire What a mess Yiren Digital Ltd. (NYSE:YRD) finds itself in, huh? We're looking at a stunning 44.05% stock nosedive that's left a trail of bruised investors in its wake. Now that's a real gut-punch for any portfolio hugging YRD. So, what's spinning this cycle of chaos for our digital player from across the pond? The Flash Point:...

Continue Reading
Ravens & MedStar Host Cancer Patients' Tailgate Bash

Updated Category News Views 45

If you thought a hospital could never host a touchdown of a tailgate, think again. The Baltimore Ravens and MedStar Health joined forces to throw the second annual Ravens Crucial Catch Tailgate Experience. This ain't your average pre-game party, folks—it's a blowout right in the hospital for cancer patients and their families, serving up a hefty dose of fun, food, and,...

Continue Reading
Smart City Expo 2026: Urban Solutions Take Center Stage

Updated Category News Views 84

Urban Solutions: More Than Just Tech Buzzwords In the bustling city of Barcelona, the Smart City Expo World Congress (SCEWC) 2026 wrapped up with a throng of experts and urban innovators declaring the undeniable impact of smart city initiatives. More than just a glitzy showcase, this event was a deep dive into practical solutions for today's urban headaches like...

Continue Reading
Silvercorp Navigates Q2 with Strategic Resilience

Updated Category News Views 123

Silvercorp's Q2: A Mixed Bag of Gains and Strains Coming in hot this November, Silvercorp swings between highs and lows for Q2 Fiscal 2027. They reported a not-too-shabby adjusted net income of $18.4 million—or $0.08 a pop per share. No one's throwing a parade for that, but it's stable sailing amidst some choppy waters. Safety Comes with a Price Safety upgrades have...

Continue Reading

Top 5 Most Recently Viewed Articles

Octane and Camping World Join Forces for RV Financing Innovation

Updated Category News Views 196

Partnership Overview Octane is making strides in the fintech sector by collaborating with Camping World. This new initiative focuses on delivering a comprehensive financing solution for customers under the Good Sam Powered by Octane brand. This partnership between two leaders in their fields aims to simplify and enhance the recreational vehicle buying process....

Continue Reading
SmartCentres Announces Monthly Distribution for March 2025

Updated Category News Views 191

SmartCentres Declares Monthly Distribution SmartCentres Real Estate Investment Trust (“SmartCentres”) (TSX: SRU.UN) has officially announced its monthly distribution for March 2025, declaring a value of $0.15417 per unit. This equates to an annualized distribution of $1.85 per unit, showcasing the trust's commitment to providing returns to its unitholders. Details of...

Continue Reading
S2 Capital Expands Its Horizon with Fort Capital Acquisition

Updated Category News Views 325

S2 Capital Expands Its Horizon with Fort Capital Acquisition In a strategic move, S2 Capital is taking a significant step forward by acquiring Fort Capital, a well-established industrial real estate operator. This acquisition broadens S2's investment platform, showcasing its commitment to high-conviction themes in the real estate sector. Overview of the Acquisition By...

Continue Reading
Ounce of Hope Launches Elevated 30mg THC Seltzers for All

Updated Category News Views 185

Introducing 30mg THC Seltzers from Ounce of Hope Ounce of Hope has officially unveiled its most robust THC seltzers to date, featuring a whopping 30mg of hemp-derived delta-9 THC in each can. This new launch provides consumers with a unique choice for a more profound, long-lasting experience that enhances their social gatherings. Flavor Offerings The initial launch...

Continue Reading
E-Commerce Growth Fuels Logistics Market Surge to $15.65Bn

Updated Category News Views 253

Overview of the Logistics and Supply Chain Market The logistics and supply chain market is currently undergoing significant transformation, driven primarily by the rapid growth of e-commerce. Forecasts suggest that this market, which was valued at around USD 9.66 billion in 2024, is expected to catapult to an impressive USD 15.65 billion by the year 2032, embodying a...

Continue Reading