Supreme Court Rules for LGBT Protections, But Activists Say More Work to Go

Supreme Court Rules for LGBT Protections, But Activists Say More Work to Go
(Crystal A. Proxmire, June 15, 2020)
Washington, DC – In a 6-3 decision, the US Supreme Court ruled that Title VII of the Civil Rights Acts, which include discrimination based on sex, does include sexual orientation and gender identity.
The Act states that employers cannot discriminate against employees on the basis of sex as well as gender, race, color, national origin, and religion.  The case came about from a Michigan plaintiff, Aimee Stephens, who sued RG and GR Harris Funeral Homes for a dress code dispute. The funeral home expected Stephens to wear a suit, not a dress.  They also had a policy that provided a clothing allowance for male employees, and not female ones.
Supreme Court Justice Neil Gorsuch, who was nominated to the bench by President Donald Trump, said the decision was “clear.”
“It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex,” he wrote.
There were two other cases on the same issue.  In 2014 skydiving instructor Donald Zarad of New York was fired after telling a female client not to worry about the close contact of tandem skydiving because he is “100% gay.”  The company said he was fired for sharing personal information, not because of his orientation. The other case was out of Georgia where a former child welfare services coordinator, Gerald Bostock, was fired after joining a gay softball team.
Stephens died earlier this year, and Zarad is also now deceased, having died in a skydiving accident. Though neither is around to know the outcome of their cases, the impact of their lawsuits will protect countless others across the nation who have been hiding their relationships and an important part of their lives so as to avoid losing their livelihood.
Michigan Governor Gretchen Whitmer is among the officials who released statements about the ruling. “This is good news for the countless LGBTQ+ Michiganders who have been fighting for equality for decades, and would not have been possible if not for one of the plaintiffs, Aimee Stephens, a brave Michigander who fought for transgender rights until the day she died. There is still more work to do. We must continue fighting to expand the Elliott-Larsen Civil Rights Act to protect members of the LGBTQ+ community and make Michigan a state where more people want to move to for opportunity. In honor of Aimee, take today to celebrate this victory, and tomorrow, let’s continue fighting to ensure equality for all Michiganders,” she said.
Metopolitan Community Church Reverend Dr. Roland Stringfellow wrote “This victory is a watershed moment for the LGBTQ community all across America, which has been working for decades to secure basic protections from discrimination. The Court’s decision affirms what we teach in our congregations that, “You shall do no injustice in judgment; but you are to judge your neighbor fairly” (Leviticus 19:15).  This ruling will directly impact millions of people across the country and allow them to live their lives and take care of their families with respect and dignity.
“But even with this landmark ruling, our work is far from done – we need Congress to catch up with the Supreme Court and the American people. There are still shocking and critical gaps in our nondiscrimination laws, particularly in housing, public places, federal programs, and more. The harsh reality is: many LGBTQ people face harassment and mistreatment in their daily lives, even outside of work. And LGBTQ people of color — particularly Black transgender women — face even higher rates of discrimination and, too often, violence.
“Recent data shows a majority of Americans across ideologies, age, and religious affiliation in all 50 states support passage of LGBTQ nondiscrimination protections to ensure all LGBTQ Americans can live with respect, dignity, and safety in all areas of life. With the Supreme Court leading the way, Congress and the Michigan State Legislature must follow suit and pass the Equality Act and update the Elliott-Larsen Civil Rights Act.”
Transcend the Binary, a Ferndale-based group supporting transgender individuals, was one of over 30 organizations that signed on in support of Stephens’ case.
Brayden Misiolek, co-founder of Transcend the Binary, said “Today’s news from the U.S. Supreme Court brings us some comfort during a tumultuous, concerning time for our nation. At the end of the day, we believe everyone deserves the ability to earn fair, livable wages; to secure a roof over their head in a safe place; to have food in their stomachs; and to have access to inclusive, affirming health care.
“We are grateful for an outcome that honors the lives and legacies of those we’ve lost, including Aimee Stephens, whose courage, resilience and tenacity in seeking justice surely deserve a place in history. Yet, we know too many others – including Tony McDade, Dominique Fells, Riah Milton, and Nina Pop, most recently – whose lives were taken from them and thus, their stories of greatness yet to be realized.
“Change must occur across many institutions and demands a certain responsibility of all to do our part, whether we are part of a marginalized community or simply an ally. The Trump administration has shown clearly it will do anything and everything it can to dismantle progress, so with today’s victory comes a challenge to continue to be present and stand up for one another. Our late co-founder, Darnell Jones once said that being an ally or change maker comes not from doing something because it affects us personally, but because it is affecting others and everyone deserves equality. It is in that spirit that our fight will continue.”

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