The Trump administration Friday urged the Supreme Court to rule that federal law allows private companies to fire workers based on sexual orientation, filing an amicus brief in the cases of Bostock v. Clayton County, Georgia and Altitude Express v. Zarda. The cases are two of three that have been combined that SCOTUS will hear this fall concerning LGBTQ workplace protections.
NBC News reports on the brief from the Trump administration:’This latest brief, submitted by Solicitor General Noel J. Francisco and other Department of Justice attorneys, argues that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin, “does not bar discrimination because of sexual orientation.”’
Reads the brief: “The ordinary meaning of ‘sex’ is biologically male or female; it does not include sexual orientation. An employer thus discriminates ‘because of * * * sex’ under Title VII if it treats members of one sex worse than similarly situated members of the other sex. Discrimination on the basis of sexual orientation, standing alone, does not satisfy that standard.”
The Trump administration had previously filed another brief in the Zarda case, arguing that discrimination against gay workers is legal.