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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added).
  In short, the concept of discrimination “because of,” “on
account of,” or “on the basis of ” sex was well understood. It
was part of the campaign for equality that had been waged
by women’s rights advocates for more than a century, and
what it meant was equal treatment for men and women.22
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  Discrimination “because of sex” was not understood as
having anything to do with discrimination because of sex-
ual orientation or transgender status. Any such notion
would have clashed in spectacular fashion with the societal
norms of the day.
  For most 21st-century Americans, it is painful to be re-
minded of the way our society once treated gays and lesbi-
ans, but any honest effort to understand what the terms of
Title VII were understood to mean when enacted must take
into account the societal norms of that time. And the plain
truth is that in 1964 homosexuality was thought to be a
mental disorder, and homosexual conduct was regarded as
morally culpable and worthy of punishment.

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