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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the genes and organs of either biological sex may identify
with a different gender.9
   Using slightly different terms, the Court asserts again
and again that discrimination because of sexual orientation
or gender identity inherently or necessarily entails discrim-
ination because of sex. See ante, at 2 (When an employer
“fires an individual for being homosexual or transgender,”
“[s]ex plays a necessary and undisguisable role in the deci-
sion”); ante, at 9 (“[I]t is impossible to discriminate against
a person for being homosexual or transgender without dis-
criminating against that individual based on sex”); ante, at
11 (“[W]hen an employer discriminates against homosexual
or transgender employees, [the] employer . . . inescapably
intends to rely on sex in its decisionmaking”); ante, at 12
(“For an employer to discriminate against employees for be-
ing homosexual or transgender, the employer must inten-
tionally discriminate against individual men and women in
part because of sex”); ante, at 14 (“When an employer fires
an employee for being homosexual or transgender, it neces-
sarily and intentionally discriminates against that individ-
ual in part because of sex”); ante, at 19 (“[D]iscrimination
based on homosexuality or transgender status necessarily
entails discrimination based on sex”). But repetition of an
assertion does not make it so, and the Court’s repeated as-
sertion is demonstrably untrue.
   Contrary to the Court’s contention, discrimination be-
cause of sexual orientation or gender identity does not in
——————
Sadock, V. Sadock, & P. Ruiz, Comprehensive Textbook of Psychiatry
2061 (9th ed. 2009); see also American Heritage Dictionary 1607 (5th ed.
2011) (defining “sexual orientation” as “[t]he direction of a person’s sex-
ual interest, as toward people of the opposite sex, the same sex, or both
sexes”); Webster’s New College Dictionary 1036 (3d ed. 2008) (defining
“sexual orientation” as “[t]he direction of one’s sexual interest toward
members of the same, opposite, or both sexes”).
  9 See n. 6, supra; see also Sadock, supra, at 2063 (“transgender” refers

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