As the Supreme Court agrees to hear three cases on Monday, LGBTQ plaintiffs and advocates are wondering how they will be decided. With the retirement of Justice Anthony Kennedy in June brought about a more “doctrinaire conservative” to the Supreme Court with the confirmation of Justice Brett Kavanaugh.
So the shift has Altitude Express Inc. v. Zarda, Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes v. EEOC all asking if under current federal law it “prohibits employment discrimination on the basis of sexual orientation” and anti-trans discrimination, ThinkProgress reported.
According to Title VII of the Civil Rights Act of 1964, such employment discrimination is forbidden. And because it states discrimination “because of … sex” meaning. gender illegal, LGBTQ and human rights advocates believe that the firing of someone because of their sexual orientation most definitely falls under this forbidden employment discrimination.
But as other politically driven cases before the Supreme Court have proven, the Republican-controlled Supreme Court might have a hard time backing LGBTQ rights in Zarda, Bostock, and Harris Funeral Homes. Time will tell if the decisions will be handed down in a bi-partisan way.