✌️ The best stories to read about the landmark Supreme Court LGBTQ decision
In a stunning decision Monday, the Supreme Court held in Bostock v. Clayton County that federal law prohibits employers discriminating against LGBTQ workers. Here’s a roundup of the 5 best stories for understanding the basis and results of the decision (none of the articles are behind a paywall):
The Supreme Court’s landmark LGBTQ rights decision, explained in 5 simple sentences | Vox
“Bostock turns on a simple application of Title VII’s text. Discrimination “because of ... sex” occurs whenever an employer treats male employees differently than female employees, or vice-versa. And, because discrimination on the basis of sexual orientation or gender identity necessarily requires an employer to treat some male employees differently than some female employees, or vice-versa, such discrimination is illegal.”
The triumph of textualism: Only the written word is law | Scotus Blog
“Bostock’s textualism represents perhaps the apotheosis of judicial minimalism in statutory interpretation: Open the code, read the statute, rule. Absent linguistic ambiguity or evidence that the meaning of terms in the statute have changed over time, statutory interpretation is purely a matter of parsing the statute and analyzing its semantics and grammar. Where statutory interpretation is concerned, per Bostock, a judge should effectively set aside his or her law school education and retreat to the lessons of high school English class.”
The Supreme Court victory for transgender women is a win for all women | Slate
“In light of this, it will not be surprising to see analysis arguing that the Bostock decision undermines women’s rights or risks harm for women. Bostock, however, actuallyilluminates how transgender rights and women’s rights are aligned. This is because transgender women like Stephens, even when adopting traditionally feminine appearances or behaviors, fight stereotypes harmful to all women.”
Neil Gorsuch lays landmines throughout LGBTQ discrimination decision | Above The Law
“A Sotomayor opinion would’ve said these are all necessarily discriminations based on sex and moved on to a long treatment of historic trends in anti-LGBTQ discrimination in the country. Her opinion would set the stage for a broader understanding of equality in America. Gorsuch’s opinion sets the stage for a torrent of dictionaries explaining why we have to shut down consumer protection laws.”
The Supreme Court has given trans people reason to hope again | Vox
“For trans people, who have been told for decades to wait our turn for basic human rights, who have been spat on and laughed at and have over and over watched our sisters of color get murdered in cold blood, this was the first time the high court has seriously contended with the realities of our lives.”