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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selection of modifiers, referents, or grammatical forms”).
   While it is likely true that there have always been indi-
viduals who experience what is now termed “gender dys-
phoria,” i.e., “[d]iscomfort or distress related to an incongru-
ence between an individual’s gender identity and the
gender assigned at birth,”31 the current understanding of
the concept postdates the enactment of Title VII. Nothing
resembling what is now called gender dysphoria appeared
in either DSM–I (1952) or DSM–II (1968). It was not until
1980 that the APA, in DSM–III, recognized two main psy-
chiatric diagnoses related to this condition, “Gender Iden-
tity Disorder of Childhood” and “Transsexualism” in adoles-
cents and adults.32 DSM–III, at 261–266.
   The first widely publicized sex reassignment surgeries in
the United States were not performed until 1966,33 and the
great majority of physicians surveyed in 1969 thought that
an individual who sought sex reassignment surgery was ei-
ther “ ‘severely neurotic’ ” or “ ‘psychotic.’ ”34
   It defies belief to suggest that the public meaning of dis-
crimination because of sex in 1964 encompassed discrimi-
nation on the basis of a concept that was essentially un-
known to the public at that time.
                               D
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   The Court’s main excuse for entirely ignoring the social
context in which Title VII was enacted is that the meaning
of Title VII’s prohibition of discrimination because of sex is
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  31 American Psychological Association, 49 Monitor on Psychology, at

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