⚖️

Bostock v. Clayton County Summary

Apr 22, 2025

Supreme Court of the United States

Case: Bostock v. Clayton County, Georgia

  • Decision Date: June 15, 2020
  • Citation: 590 U.S. ____ (2020)

Background

  • Employees Gerald Bostock, Donald Zarda, and Aimee Stephens were fired for being homosexual or transgender.
  • Claims were made under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination "because of sex."
  • Circuit Court Decisions:
    • Eleventh Circuit: Dismissed Bostock's claim, ruling Title VII does not cover sexual orientation.
    • Second and Sixth Circuits: Allowed Zarda's and Stephens’s claims to proceed, viewing them as sex discrimination.

Supreme Court Holding

  • The Supreme Court held that firing an individual for being gay or transgender violates Title VII.
  • Majority Opinion by Justice Gorsuch:
    • Title VII's reference to discrimination "because of sex" includes sexual orientation and gender identity.
    • Discrimination based on homosexuality or transgender status requires differential treatment based on sex.
    • The decision was based on the ordinary public meaning of the statute at the time of enactment.
    • Intentional discrimination in part due to sex is a violation, regardless of other motivating factors.

Key Legal Reasoning

  • Title VII Language:
    • Prohibits discrimination “because of sex,” interpreted to include sexual orientation and gender identity.
    • Discrimination against homosexual or transgender individuals necessitates a consideration of sex.
  • Precedents Considered:
    • Phillips v. Martin Marietta Corp.: Discrimination due to sex plus another factor still violates Title VII.
    • Los Angeles Dept. of Water and Power v. Manhart: Equal treatment as groups doesn’t negate individual discrimination claims.
    • Oncale v. Sundowner Offshore Services, Inc.: Same-sex harassment claims are cognizable under Title VII.

Dissenting Opinions

  • Justice Alito (joined by Justice Thomas):

    • Criticized the majority for "legislating" from the bench, arguing that "sex" in 1964 referred strictly to biological sex.
    • Suggested that Congress has repeatedly considered and not passed legislation to explicitly include sexual orientation.
  • Justice Kavanaugh:

    • Argued that the majority’s interpretation was against the ordinary public meaning of “because of sex”.
    • Emphasized that Congress, not the courts, should update Title VII to cover sexual orientation and gender identity.

Implications

  • The ruling clarifies that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and gender identity.
  • Sets a significant precedent for the interpretation of "sex" in anti-discrimination laws.

Broader Context

  • This decision reflects ongoing societal changes regarding LGBTQ+ rights and the scope of legal protections against discrimination in the workplace.
  • The decision and its reasoning could influence interpretations of similar language in other federal or state statutes.

Conclusion

  • The decision marks a landmark moment in the expansion of civil rights protections for LGBTQ+ individuals in the United States.