bostock v clayton county decision

as Amici Curiae 7. In sum, all of the usual indicators of ordinary meaning—common parlance, common usage by Congress, the practice in the Executive Branch, the laws in the States, and the decisions of this Court—overwhelmingly establish that sexual orientation discrimination is distinct from, and not a form of, sex discrimination.
Ultimately, clinicians diagnosed her with gender dysphoria and recommended that she begin living as a woman. See Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A., 511 U. S. 164, 186–188 (1994). Nix v. Hedden, 149 U. S. 304, 307 (1893). See Haig, The Inexorable Rise of Gender and the Decline of Sex: Social Change in Academic Titles, 1945–2001, 33 Archives Sexual Behav. 237 These being very evident Proofs of a necessity of two Sexes in Plants as well as in Animals. . While the Court’s imagined application form proves nothing, another hypothetical case offered by the Court is telling. 1457 (2010); see Stoller, A Contribution to the Study of Gender Identity, 45 Int’l J. Psychoanalysis 220 (1964). So for Mr. Bostock, the question should be whether he would’ve been fired if he were a woman attracted to women. The first lesson is that “it’s irrelevant what an employer might call its discriminatory practice, how others might label it, or what else might motivate it.” Ante, at 14. Determined searching has not found a single dictionary from that time that defined “sex” to mean sexual orientation, gender identity, or “transgender status.”6 Ante, at 2. 2) A 3 Euen as Hares change shape and sex, some say Once euery yeare. Presidential Executive Orders reflect that same common understanding. What today’s decision latches onto are Oncale’s comments about whether “ ‘male-on-male sexual harassment’ ” was on Congress’s mind when it enacted Title VII. ; ~ does not matter; without distinction of age or ~), whence ~’LESS a., ~’lėssNESS n., ~’Y2 a., immoderately concerned with ~; males or females collectively (all ranks & both ~es; the fair, gentle, softer, weaker, ~, & joc. Franklin, 125 Harv. And what the public thought about those issues in 1964 is relevant and important, not because it provides a ground for departing from the statutory text, but because it helps to explain what the text was understood to mean when adopted. All we can know for certain is that speculation about why a later Congress declined to adopt new legislation offers a “particularly dangerous” basis on which to rest an interpretation of an existing law a different and earlier Congress did adopt. We cannot infer with any certainty, as the hypothetical is apparently meant to suggest, that the employer was motivated even in part by sex. ); Minn. Stat. See id., at 258–261 (opinion of White, J. In 1973, Congress passed and President Nixon signed the Rehabilitation Act, which in substance prohibited disability discrimination against federal and certain other employees. E vij b, Ye magnificency & liberalitie of that gentle sex. 30 out of 30. Rather, the proposed bills are telling because they, like the enacted laws, further demonstrate the widespread usage of the English language in the United States: Sexual orientation discrimination is distinct from, and not a form of, sex discrimination. Title VII, as noted, prohibits discrimination “because of . To treat one as a form of the other—as the majority opinion does—misapprehends common language, human psychology, and real life. Although the Court does not want to think about the consequences of its decision, we will not be able to avoid those issues for long. Likewise, the Court dismissed as irrelevant the employer’s insistence that its actions were motivated by a wish to achieve classwide equality between the sexes: An employer’s intentional discrimination on the basis of sex is no more permissible when it is prompted by some further intention (or motivation), even one as prosaic as seeking to account for actuarial tables.

b. But that is a  different matter. Even now the composition of the Court is majority white men, with only three women in total and two persons of color out of the nine seats available. We are also deeply concerned with preserving the promise of the free exercise of religion enshrined in our Constitution; that guarantee lies at the heart of our pluralistic society.

Stat. ); Colo. Rev. The teaching certificates of individuals convicted of engaging in homosexual acts were revoked. the ~, women; the sterner ~, men; is the fairest of her ~); (attrib.) But their estates continue to press their causes for the benefit of their heirs. 586 U. S., at ___–___ (slip op., at 6–9). ); Ind. (1652) H 4, I am bound by a strong vow to kisse all of the woman sex I meet this morning. 1075, codified at 42 U. S. C. §2000e–2(m). Hively v. Ivy Tech Community College of Ind., 853 F. 3d 339, 357 (CA7 2017) (Posner, J., concurring). Of course not.” Ante, at 18. The Court’s argument is not only arrogant, it is wrong. selection of modifiers, referents, or grammatical forms”). It doesn’t matter if other factors besides the plaintiff ’s sex contributed to the decision. Last year, the House of Representatives passed a bill that would amend Title VII by defining sex discrimination to include both “sexual orientation” and “gender identity,” H. R. 5, 116th Cong., 1st Sess. L. sexus (u-stem), whence also F. sexe (12th c.), Sp., Pg. 11, 2020) (state health plan’s exclusion of coverage for sex reassignment procedures); Complaint in Gore v. Lee, No. 2016–04 (2016) (prohibiting public-employment discrimination because of “gender, sexual orientation,” etc. As we acknowledged at the time, “male-on-male sexual harassment in the workplace was assuredly not the principal evil Congress was concerned with when it enacted Title VII.” 523 U. S., at 79. . Title VII makes it unlawful for employers to discriminate because of “race, color, religion, sex, or national origin.” 42 U. S. C. §2000e–2(a)(1).2 As enacted in 1964, Title VII did not prohibit other forms of employment discrimination, such as age discrimination, disability discrimination, or sexual orientation discrimination.


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