A seemingly divided Supreme Court struggled over whether a landmark civil rights law protects LGBT people from discrimination in employment.
LGBT supporters gather in front of the U.S. Supreme Court, Tuesday, Oct. 8, 2019, in Washington. The Supreme Court is set to hear arguments in its first cases on LGBT rights since the retirement of Justice Anthony Kennedy. Kennedy was a voice for gay rights while his successor, Brett Kavanaugh, is regarded as more conservative.
Two other conservatives, Chief Justice John Roberts and Justice Brett Kavanaugh did not squarely indicate their views, although Roberts also questioned how employers with religious objections to hiring LGBT people might be affected by the outcome. “You’re trying to change the meaning of ‘sex,’” Alito said. Justice Clarence Thomas, who returned to the bench Tuesday after staying home sick the day before, said nothing, as is his custom.
The Trump administration has changed course from the Obama administration and now supports the employers in arguing that the civil rights law’s Title 7 does not prohibit discrimination because of sexual orientation or transgender status.
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