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John,
In this moment of the national COVID-19 health crisis and vitally important nationwide demonstrations in support of Black lives and against systemic racism, it’s heartening to have good news from the Supreme Court. Today is a watershed moment for fairness and affirms that LGBTQ people are, and should be, protected from discrimination under federal law.
To celebrate this historic moment, we are inviting supporters to join us for a virtual rally today at 7pm EST/4pm PST. There will also be a virtual town hall discussion tonight at 8:30 EST/5:30pm PST for a more in depth legal analysis about what these cases mean from LGBTQ Americans. Please click here to RSVP.
All three cases decided today by the highest court in the land address discrimination in the workplace. In Harris Funeral Homes v. EEOC, Aimee Stephens, a transgender woman, was fired when she transitioned on the job. The Court has declared, once and for all, that discrimination against transgender people is unlawful, and that their decision applies across the country. This ruling is truly historic.
Altitude Express v. Zarda and Bostock v. Clayton County, Georgia are both cases where gay employees were fired simply because of their sexual orientation. Today’s decision, in which Justice Gorsuch wrote for the Court that “In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law.”
While today’s decision ensures that LGBTQ people are protected from discrimination at work - and very likely in other key areas such as education, housing, and health care - other forms of discrimination remain legal in many states, such as:
- For stores, restaurants and movie theaters to refuse service to LGBTQ people.
- For federally funded programs, including hospitals, colleges, and adoption agencies to deny LGBTQ people.
- To discriminate against LGBTQ people in a wide range of public spaces ranging from retail stores to transportation services.
Today’s historic decisions are a positive step forward towards true equality for all, but there is much still to do. Only 22 states fully and explicitly prohibit discrimination based on gender identity across all areas of public life. With today’s ruling, we still need Congress and state lawmakers across the country to catch up with the Supreme Court and the American people and fully protect transgender people from discrimination in all aspects of daily life, by passing full federal non-discrimination protections.
Today is a day to celebrate. Tomorrow the work continues, though. These three cases only address existing federal sex discrimination laws, which themselves still have critical gaps. The everyday lives of transgender people are still impacted by backward laws on the books across the country, and on a federal level.
We will pass full and explicit federal protections for our communities, covering every area of public life. Today’s decision is a historic victory, and also underscores the need to pass the Equality Act.
What can you do to help? Plenty!
Sincerely,
Mara Keisling
Executive Director
NCTE
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