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The New York federal appeals court ruling Monday that said sexual orientation should be protected under federal civil rights laws sharpened the divide among courts and set the stage for a U.S. Supreme Court fight.

The U.S. Court of Appeals for the Second Circuit’s decision added to momentum for the re-examination of interpretations of Title VII of the Civil Rights Act. The court, sitting en banc, largely embraced the view of the U.S. Equal Employment Opportunity Commission that workplace sexual orientation is protected under anti-discrimination laws.

The Second Circuit’s decision noted a “changing legal landscape” and the “persuasive force” of new decisions, including a ruling in the Seventh Circuit last year. The Second Circuit case was closely watched, in part, because the Trump administration’s U.S. Justice Department lined up against the EEOC’s push for broad protections. Current EEOC chair Victoria Lipnic said the Second Circuit’s ruling was a “generous view of the law of employment protections, and a needed one.”

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The ruling immediately triggered the possibility of a showdown in the U.S. Supreme Court, which in December turned down a sexual orientation case from the Eleventh Circuit. Still, it’s not clear if the Long Island, New York, skydiving company Altitude Express Inc.—accused of firing a worker for being gay—will push the case to the Supreme Court.

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