The U.S. Supreme Court justices appeared divided over whether a landmark federal law prohibiting sex discrimination in the workplace protects LGBTQ employees
WASHINGTON - The U.S. Supreme Court on Tuesday appeared closely divided over whether a landmark federal law forbidding sex discrimination in the workplace protects gay and transgender employees, with conservative Justice Neil Gorsuch emerging as a potential decisive vote.
Some of the court’s five conservative justices appeared skeptical, but Gorsuch, a conservative appointed by President Donald Trump, asked several questions indicating potential sympathy for the plaintiffs’ claims. But Gorsuch later suggested the court would be overstepping its role if it ruled in favor of gay and transgender workers instead of letting Congress legislate on the subject, saying such it would be the type of ruling that could ignite “massive social upheaval.”“It’s a question of judicial modesty,” Gorsuch said.
Conservative Chief Justice John Roberts, sometimes considered the ideological center of the court, appeared concerned about religious employers facing increased liability if gay and transgender workers receive Title VII protection. The legal fight focuses on the definition of “sex” in Title VII. The plaintiffs, along with civil rights groups and many large companies, have argued that discriminating against gay and transgender workers is inherently based on their sex and consequently is illegal.
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