Bostock v. Clayton County, 590 U.S. 644 (2020)

Citation: Bostock v. Clayton County, 590 U.S. 644 (2020)
Parent Document: Bostock v. Clayton County, 590 U.S. 644 (2020)
Jurisdiction: United States (federal)
Effective Date: 2020-06-15
Original Source: https://www.courtlistener.com/opinion/4760997/bostock-v-clayton-county/ ↗

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If anything, the employers' new framing may only add new problems. The employers assert that "no one" in 1964 or for some time after would have anticipated today's result. But is that really true? Not long after the law's passage, gay and transgender employees began filing Title VII complaints, so at least some people *1751foresaw this potential application. See, e.g. , Smith v. Liberty Mut. Ins. Co. , 395 F.Supp. 1098, 1099 (ND Ga. 1975) (addressing claim from 1969); Holloway v. Arthur Andersen & Co. , 566 F.2d 659, 661 (CA9 1977) (addressing claim from 1974). And less than a decade after Title VII's passage, during debates over the Equal Rights Amendment, others counseled that its language-which was strikingly similar to Title VII's-might also protect homosexuals from discrimination. See, e.g. , Note, The Legality of Homosexual Marriage, 82 Yale L. J. 573, 583-584 (1973).

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