Section 7

Citation: Section 7
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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And it is the common understanding in this Court as well. Since 1971, the Court has employed rigorous or heightened constitutional scrutiny of laws that classify on the basis of sex. See United States v. Virginia , 518 U.S. 515, 531-533, 116 S.Ct. 2264, 135 L.Ed.2d 735 (1996) ; J. E. B. v. Alabama ex rel. T. B. , 511 U.S. 127, 136-137, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994) ; Craig v. Boren , 429 U.S. 190, 197-199, 97 S.Ct. 451, 50 L.Ed.2d 397 (1976) ; Frontiero v. Richardson , 411 U.S. 677, 682-684, 93 S.Ct. 1764, 36 L.Ed.2d 583 (1973) (plurality opinion); Reed v. Reed , 404 U.S. 71, 75-77, 92 S.Ct. 251, 30 L.Ed.2d 225 (1971). Over the last several decades, the Court has also decided many cases involving sexual orientation. But in those cases, the Court never suggested that sexual orientation discrimination is just a form of sex discrimination.

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