Skip to main content

Based on the Civil Rights Act of 1964, the Supreme Court Rules for Gay and Transgender Rights.

Conservative Justice Neil Gorsuch wrote the opinion, which was joined by Chief Justice John Roberts in addition to the four more-liberal members of the court. “An employer who fires an individual merely for being gay or transgender defies the law,” the opinion said.

For all its cultural and political controversy, Monday’s case was simple, Justice Gorsuch found. He focused on the text of the statute Congress passed in 1964, forbidding workplace discrimination against an individual “because of…sex.”

There was no getting around it, he said: “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it wouldn’t have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

In dissent, however, Justice Samuel Alito, joined by Justice Clarence Thomas, called the majority’s reasoning “preposterous.” Rather than strictly reading the statute, he wrote, “there is only one word for what the Court has done today: legislation.”


Yes, of course. 

The minority opinion was preposterous.

Gorsuch upheld the spirit and the letter of the 1964 law, no more no less.

Trump Disagrees

Scroll to Continue


The Trump administration argued that the 1964 law doesn’t cover LGBT workers. That position ran counter to the views of the U.S. Equal Employment Opportunity Commission, which argued that Title VII forbids any employment discrimination based on gender identity or sexual orientation.

Once again Trump appeals to his base for the nth time. 

Activist Court

Republicans and Democrats alike want the law to be upheld (except when they don't).

Today, Trump and the Republicans want an activist court to rule on something other than the law says. Most of the time Republicans bitch about the activist court.

This is a losing issue for Trump. Those who agree with him will never vote for anyone other Trump, ever.