Refresh this post for updates….
Today the U.S. Supreme Court heard arguments on Title VII and LGBTQ job discrimination, hearing cases involving whether someone can be fired from their job for being gay or transgender. Background on the cases HERE.
Read the transcript of the two consolidated cases, Bostock v. Clayton County and Altitude Express v. Zarda, HERE. The transcript of the transgender case Harris Funeral Homes v. EEOC can be read HERE.
Gorsuch has been identified as a possible swing vote.
The Washington Blade‘s Chris Johnson reports that Justice Neil Gorsuch emerged as a potential ally for LGBTQ workers based on his questioning: ‘Gorsuch, a Trump-appointed justice who considered himself a textualist, asked many questions suggesting he's at least considering the idea of anti-LGBT discrimination is a form of sex discrimination, thus prohibited under Title VII of the Civil Rights Act of 1964. … Throughout the arguments, Gorsuch made several inquiries on whether the concept of sex is inseparable from anti-LGBT discrimination. At one point, Gorsuch asked, “Isn't sex also at play here?” and gave an example of a employer firing a man for being attracted to another man as an example of sex discrimination. … To be sure, Gorsuch also asked questions about whether employers could keep sex-segregated bathrooms under LGBT-inclusive Title VII.'
Bloomberg reports: ‘The two-hour session Tuesday suggested that LGBT advocates had at least a chance to win the vote of conservative Justice Neil Gorsuch, along with the court's four liberal members. Gorsuch sent mixed signals, calling the case “really close.” … Trump's other appointee, Brett Kavanaugh, said very little and didn't tip his hand. … Another conservative justice, Samuel Alito, was skeptical of the workers' claims, at one point telling the lawyer for two gay men that “your whole argument collapses.” … Chief Justice John Roberts expressed concern about the impact on religious organizations if the high court were to side with LGBT workers. He was one of several justices who asked what the cases could mean for single-sex bathrooms.'
Here are some initial reactions via Twitter from those in the room.
Bloomberg's Greg Stohr:
Slate's Mark Joseph Stern:
Washington Blade‘s Chris Johnson:
SCOTUSblog's Amy Howe:
The Economist‘s Steven Mazie:
Zoe Tillman from Buzzfeed News:
ACTIVITY OUTSIDE THE COURT.
Approximately 20 people from Housing Works were arrested protesting outside the court, the Washington Blade reports: “We already live in a world where people who don't fit societal conventions of gender expression are subject to stigma, discrimination, verbal and physical abuse, and even being killed for who they are,” said Housing Works CEO Charles King in a press release that Housing Works issued earlier this week. “This is compounded for our transgender, non-binary and gender non-conforming brothers, sisters and siblings. We are mobilizing this action because we are deeply concerned and angered that the gates could be opened to losing rights and protections in the workplace, in education, healthcare, the military and beyond.”
