The U.S. Supreme Court will consider whether existing federal law forbids job discrimination on the basis of sexual orientation.
, the U.S. Supreme Court will consider whether existing federal law forbids job discrimination on the basis of sexual orientation.
Brian Sutherland, an Atlanta lawyer representing Bostock, said it does."One simply cannot consider an individual's sexual orientation without first considering his sex. A gay man is only a gay man if he's attracted to other men." It cannot be the law"that a gay man or lesbian woman can be married to their partner on Sunday and legally fired for it on Monday," Sutherland argued.
The case comes to the Supreme Court that no longer includes Justice Anthony Kennedy, who wrote all of the court's significant gay rights decisions. He was succeeded by Justice Brett Kavanaugh, who has no record of ruling on the issue but who is generally more conservative than Kennedy. "The funeral home would have treated a woman who wanted to dress and present as a man, with grieving family members and clients of the funeral home, exactly the same way that Stephens was treated," said John Bursch of the Alliance Defending Freedom, a conservative legal group representing her former employer.
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