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This Day in Legal History: Bostock Is Argued

On October 8, 2019, the Supreme Court heard argument in Bostock v. Clayton County and two companion cases. Each involved an employee fired after the employer learned the employee was gay or transgender. The question was whether Title VII of the Civil Rights Act of 1964, which bans employment discrimination “because of sex,” protects against discrimination based on sexual orientation or gender identity.

In June 2020, the Court answered yes, 6 to 3, in an opinion by Justice Neil Gorsuch. The reasoning was textualist. Gorsuch wrote that it’s…

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