In its new term, the Supreme Court will take up three cases considering whether Title VII, the federal law prohibiting employment discrimination, covers “gender identity” and “sexual orientation” within the protected category of “sex.”
Congress has repeatedly voted to reject such an expansion of Title VII’s scope, but circuit courts have legislated from the bench and added the new categories in two rulings: Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.
In Bostock v. Clayton County, Georgia, the 11th Circuit upheld the longstanding meaning of “sex discrimination” as ensuring fairness between men and women.
It’s one little word. But if the Court gets it wrong, our religious freedom could be quickly eroded.