LGBTQ activists, actress Laverne Cox among them, rallied before the Supreme Court as the justices heard cases involving individuals who say they were fired because of their sexual orientation or gender identity.
The Supreme Court on Tuesday wrestled openly for the first time with employment discrimination against gay, lesbian and transgender Americans, at times seeming inclined to find that they are protected from discrimination under federal law but also showing discomfort with the potential implications of a sweeping decision.
The argument was intended to appeal to the court’s conservative majority, which for years has professed an obligation to strict interpretation of a statute’s text. Justice Samuel Alito was publicly skeptical, suggesting the meaning of ‘sex’ in 1964 when Congress wrote the law should not be dismissed. In a 1989 case, the court ruled in favor of a female accountant who was denied a promotion because she was viewed as not conforming to her employer's expectations about how women should talk, dress, and behave. All of the plaintiffs argued that that case provides important support for their position.
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