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Supreme Court Prohibits Discrimination Against LGBTQ People in the Workplace

Hello Friends and Supporters of Our Children’s Trust,

My name is Mat dos Santos and, for many of you, this is the first time you’re hearing from me. I am the new Managing Attorney for Our Children’s Trust. Before joining the team at OCT, I worked at the ACLU on a number of important civil rights issues including protecting LGBTQ people from discrimination. As a nonbinary queer person of color, these cases have always been deeply personal.

On Monday, the United States Supreme Court held that Title VII prohibited discrimination in the workplace based on sexual orientation and gender identity. This landmark ruling ([link removed]) , which came after decades of lower court cases and agency decisions finding discrimination against LGBTQ employees unlawful, ensures that queer people from Alaska to Florida cannot be fired for coming out as gay or transgender. Furthermore, the court’s reasoning means that it is also unlawful to discriminate against LGBTQ people in housing, healthcare, education and financial credit. These federally mandated protections against sex discrimination override the anti-trans regulations recently issued by the Trump administration ([link removed]) .

As an individual, I am overjoyed by yesterday’s ruling. And as an attorney working to support the constitutional rights of youth to a safe climate, I am hopeful. The right to breathe and the right to be are both fundamental to a just world. This victory is critically important to our work. We represent and support hundreds of young people in legal actions around the world and across our country, including many youth who are queer and/or transgender. These brave youth, who fight for their right to a stable climate everyday, should never also fear losing their jobs, or being discriminated against in any way. Some of our youth plaintiffs who are young adults and are just entering the workforce will immediately benefit from this ruling. Many more of them are children for whom this promises future protection.
Image: Christina House/Los Angeles Times
And for all of the youth we support and represent in the United States, Monday’s ruling also stands as a shining example of the courts serving in one of their most critical roles: protecting the rights of the public, especially those who are most at risk of harm or marginalization. It is precisely this that we ask of them when we seek justice via our judicial system for youth harmed by climate change, especially Indigenous, Black, and Brown youth who are most disproportionately impacted by climate and environmental injustice. Rights are being violated. The courts step in to protect them. It is a sacred responsibility of the judiciary and one in which we have faith, optimism, and hope.

Monday’s decision was a reminder that it is important to fight for what is right. LGBTQ rights, like climate rights, are frequently characterized as political issues that don’t belong in the courts. The Supreme Court’s decision Monday makes clear why the judiciary plays an essential role in protecting our liberty. Many experts watching Monday’s cases predicted that the decision would come down to a split between more politically conservative and progressive Justices and that the odds under today’s Supreme Court were dangerous, maybe too dangerous. But the opinion was ultimately authored by Justice Gorsuch, a Trump appointee and self-described originalist. He was joined by the Chief Justice, John Roberts, also known as conservative, and Justices Ginsburg, Sotomayor, Kagan, and Breyer, who are often characterized as the liberal wing of the bench. What does this mean? Some may say it means that we simply can’t predict what the Justices will do based on their perceived politics. But I believe,
when it comes to fundamental rights, the judicial system will eventually get it right, even if it takes time and perseverance. It is with this faith in the judicial system, and the willingness to take on the hard fights necessary to protect the rights of the most vulnerable, that Our Children’s Trust carries on.

Now, ending on a personal note, I must confess that I needed Monday’s decision. June marks the beginning of Pride celebrations for the queer community and this year’s Pride has been especially difficult to celebrate. In 2020 thus far, we have witnessed a global pandemic tear through our communities costing millions of lives worldwide. Black and Brown people continue to be brutalized and killed by the police. And these same police forces are attacking peaceful protestors who, ironically, demand an end to police violence. All of this in addition to a rapidly warming climate system that exponentially threatens billions of individuals and communities worldwide. I know that each and every one of you is doing your part to fight for a more just and equitable world. The struggle toward justice is long and hard fought and too infrequently punctuated by victories. While we cannot know what tomorrow will bring, on Monday we won! So, at least for today, I invite you to pause and join me in reflecting
on this important victory. It is indeed something worth celebrating as we mark this month of Pride and recognition for LGBTQ people and communities.

It is in this shared joy that I wish each and every one of you a Happy Pride.

Mat dos Santos
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