NEW COVER STORY: Three cases of workplace discrimination are about to test whether conservative Supreme Court justices are seen to rule according to their professed legal principles—or their politics. These hearings could impact the entire LGBTQ community:
in a gun-control case baldly asserting that"the Supreme Court is not well," that"the people know it," and hinting that the Court may need to be"restructured to reduce the influence of politics." As if that weren't enough, a recent book excerpt published in The
Four former U.S. solicitor generals sounded the same theme in their own brief, co-authored by constitutional scholar Laurence Tribe of Harvard Law School."These cases are simpler than they seem," Tribe wrote."Here, all that is necessary to decide the questions presented is a direct application of textualist principles to the plain language of Title VII." Tribe wrote on behalf of Walter Dellinger III , Seth Waxman , Theodore Olson and Neal Katyal .
There are two involving sexual orientation , which have been consolidated and will be argued together first, and one involving gender identity , which will be argued separately immediately afterwards.In 2003, Gerald Lynn Bostock took a job as a child welfare services coordinator in the Clayton County juvenile court system in Jonesboro, Georgia, near Atlanta. For ten years he compiled an outstanding record, his attorneys claim.
Initially, during the Obama administration, the EEOC took Stephens' case and sued Harris Homes on her behalf. But after Donald Trump took office, the EEOC reversed its position, and it now supports Harris Homes. In May 2018, the U.S. Court of Appeals for the Sixth Circuit, in Detroit, ruled that Stephens' case could go to trial because, in its view, Title VII does bar discrimination based on gender identity.
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