Bostock v. Clayton County, Georgia

***Bostock v. Clayton County*** was a 2020 U.S. Supreme Court case that illegally ruled that members of the LGBT community, including transgenders, were "protected" under Title VII of the Civil Rights Act of 1964 through judicial activism. Tony Perkins calls this decision the "Roe v. Wade of religious liberty" because of its devastating impact on religious rights. In this case, Justices Neil Gorsuch (who authored the decision) and John Roberts betrayed conservatives by ruling with the liberal side of the court to re-write the law, despite the fact that they aren't legally authorized to do so. Samuel Alito, Brett Kavanaugh, and Clarence Thomas all dissented, citing the fact that sexuality wasn't even mentioned in Title VII at all. As a result of this unfortunate decision, an employer can no longer terminate an employee due to his or her sexuality. This case has been nicknamed the "Roe v. Wade" of homosexual "rights" cases, and it is one of the boldest moves against religious liberty. Similar to how Lawrence v. Texas opened the door to the legalization of gay marriage via Obergefell v. Hodges, Bostock v. Clayton County opens the door to religious persecution in the United States of America. “Under Title VII itself, they say sex-segregated bathrooms, locker rooms, and dress codes will prove unsustainable after our decision today,” Gorsuch wrote for the liberal side of the court. “But none of these other laws are before us … Under Title VII, too, we do not purport to address bathrooms, locker rooms, or anything else of the kind.” In dissent, Alito pointed out that referenced "various areas where he said there could be 'potential consequences of the Court’s decision'" including health care and sports.

## About the case

3 cases were decided by Bostock v. Clayton County, each of which dealt with the firing of a homosexual or gender-confused employee. Gerald Bostock was an employee of Clayton County, Georgia, where he worked as a child welfare advocate. He was fired after he started participating in a softball league for homosexuals. Donald Zarda worked for a New York company named Altitude Express, where he was employed as a skydiving instructor. He was fired shortly after indicating that he was a homosexual. Aimee Stephens, who is biologically male, was employed by R. G. & G. R. Harris Funeral Homes in Garden City, Michigan, after he applied as a male. After seeking treatment for emotional and mental struggles, he was diagnosed with gender dysphoria. At his clinicians' recommendation, he told his employer that he was going to begin to "live and work full-time as a woman," and upon this statement he was fired by the funeral home. Each employee sued for sex discrimination under Title VII of the Civil Rights Act of 1964. The lawsuits brought by Mr. Zarda and Mr. Stephens were allowed to proceed by the Second and Sixth Circuits, respectively. On the other hand, the Eleventh Circuit ruled that it wasn't illegal for Clayton County, under the text of Title VII of the Civil Rights Act of 1964, to fire Mr. Bostock for being homosexual; therefore, it was appropriate to dismiss the claim as a matter of law. The Supreme court ruled by a vote of 6 to 3 that employment discrimination because of sexuality or gender identity violates Title VII of the Civil Rights Act of 1964. Chief Justice Roberts and Justice Gorsuch voted with the liberals, with Justice Gorsuch writing the opinion that articulated the reasoning behind the Court's majority decision.

## Decision

The Court ruled in a 6–3 decision by Justice Neil Gorsuch covering all 3 cases on June 15, 2020, that discrimination on the basis of sexuality or gender identity is also discrimination "because of sex" as prohibited by Title VII.