“Sometimes small gestures can have unexpected consequences. Major initiatives practically guarantee them.” When Justice Neil Gorsuch wrote those words as the lede to the landmark decision in Bostock v. Clayton County, Georgia, the legal world knew that what was to come would be fairly significant. But it was the following sentence of the opinion that will forever change the landscape for members of the LGBTQ community: “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
Gorsuch was indeed right when he declared that few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. Title VII was created to enforce constitutional rights, to confer jurisdiction upon the district courts to provide relief against discrimination in public accommodations and to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education.
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