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/ ↗

Full Text

979 chars

(1997). If the Court finds it appropriate to adopt this the-
ory, it should own up to what it is doing.5
  Many will applaud today’s decision because they agree on
policy grounds with the Court’s updating of Title VII. But
the question in these cases is not whether discrimination
because of sexual orientation or gender identity should be
outlawed. The question is whether Congress did that in
1964.
  It indisputably did not.
                                 I
                                A
    Title VII, as noted, prohibits discrimination “because of
. . . sex,” §2000e–2(a)(1), and in 1964, it was as clear as clear
could be that this meant discrimination because of the ge-
netic and anatomical characteristics that men and women
have at the time of birth. Determined searching has not
found a single dictionary from that time that defined “sex”
to mean sexual orientation, gender identity, or
“transgender status.”6 Ante, at 2. (Appendix A, infra, to

Other Sections in This Document (1015)

Full Text