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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 7

Citation
Section 7
Parent Document
Bostock v. Clayton County, 590 U.S. 644 (2020)
Effective Date
2020-06-15

Other Sections in This Document (1015)

Full Text

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The proposed bills are telling not because they are rele-
vant to congressional intent regarding Title VII. See Cen-
tral Bank of Denver, N. A. v. First Interstate Bank of Den-
ver, N. A., 511 U. S. 164, 186–188 (1994). Rather, the
proposed bills are telling because they, like the enacted
laws, further demonstrate the widespread usage of the Eng-
lish language in the United States: Sexual orientation dis-
crimination is distinct from, and not a form of, sex discrim-
ination.
   Presidential Executive Orders reflect that same common
understanding. In 1967, President Johnson signed an Ex-
ecutive Order prohibiting sex discrimination in federal em-
ployment. In 1969, President Nixon issued a new order that
did the same. Exec. Order No. 11375, 3 CFR 684 (1966–
1970 Comp.); Exec. Order No. 11478, id., at 803. In 1998,
President Clinton charted a new path and signed an Exec-
utive Order prohibiting sexual orientation discrimination
in federal employment. Exec. Order No. 13087, 3 CFR 191
(1999). The Nixon and Clinton Executive Orders remain in
effect today.