The Supreme Court will hear arguments Tuesday in three landmark cases for LGBTQ rights concerning workplace discrimination. The cases will determine if it is legal under existing federal law to fire an employee based on sexual orientation or gender identity.
Gerald Bostock was fired by Clayton County, Georgia, because he is gay. Donald Zarda was fired from his job as a tandem sky-dive instructor for being gay (before his death in a BASE-jumping accident). Aimee Stephens transitioned from male to female identity and was fired from her job as a funeral director.
These cases turn on one word’s meaning: the word “sex” in Title VII of the Civil Rights Act of 1964.
Does “sex” mean what legislators thought it meant when the law was passed, barring discrimination against women? Or should it be interpreted more broadly now to mean discrimination against any aspect of sexuality?