Supreme Court Justice Neil M. Gorsuch wrote in the majority opinion of a 2020 decision protecting LGBTQ employees from workplace discrimination that the landmark ruling does not apply to school policies on transgender youths’ use of bathrooms and locker rooms. Nonetheless, lower courts have ruled in favor of transgender students by striking down school restrictions on restrooms and locker rooms and upholding policies that support students’ sexual identities.
would have a difficult time squaring the employment-rights ruling with school policies and women’s sports cases that also cite civil rights pertaining to LGBTQ individuals.
In Bostock v. Clayton County, the justices said in a 6-3 decision that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from discrimination in the workplace. The case was brought by a gay child welfare services coordinator in Georgia who was fired for his sexual orientation. He argued the firing violated his civil rights.
“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision,” JusticeThe opinion stipulated that the decision does not extend to restrooms and locker rooms and focuses solely in the employment context.
“Under Title VII, too, we do not purport to address bathrooms, locker rooms, or anything else of the kind,” JusticeIn his dissent, Justice Alito warned that lower courts will undoubtedly apply this ruling to other areas — like schools.
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