The 2nd Circuit Court of Appeals ruled Monday, “We now hold that sexual orientation discrimination constitutes a form of discrimination ‘because of . . . sex,' in violation of Title VII.” In doing so, the court overruled a lower court — and a precedent from a previous court case — and remanded the case to be litigated in light of their reading of Title VII.
The decision holds national implications due to its high tier in the judicial system, and because it's seen as a litmus test of the Trump administration's ability — or inability — to curb LGBT rights through court activism. The Justice Department had injected itself into the case even though it wasn't a party to the lawsuit and doesn't normally involve itself in private employment disputes.
The case was heard in New York City by all 13 judges in the 2nd Circuit, known as an en banchearing, which leaves the Supreme Court as the only avenue for a potential appeal.
The pro-gay ruling concurs with another major gay-rights ruling in 2017, thereby giving momentum to the argument that anti-gay discrimination is prohibited even without a federal law that explicitly says so.
BREAKING: Victory in 2nd Circuit! The court holds that Title VII prohibits discrimination on the basis of sexual orientation. This supports what we've been saying all along. Everyone deserves the right to be #OutAtWork, and no one should be fired for it. #LGBTQ
— Lambda Legal (@LambdaLegal) February 26, 2018
Read the ruling HERE.