On June 15, 2020, the United States Supreme Court issued its decision in the trio of Title VII cases (Bostock, Harris Funeral Homes, and Zarda). In a 6-3 decision with Justice Gorsuch writing the majority opinion, joined by the Chief Justice and four liberal justices, the Court ruled that Title VII’s prohibition on sex discrimination also prohibits discrimination on the basis of sexual orientation and gender identity. CLS had joined an amicus brief with other religious organizations urging the Court not to re-define “sex” in Title VII to include sexual orientation and gender identity.
Center Director Kim Colby has written two articles regarding Bostock and its implications: one in The Christian Lawyer and one in the Journal of Christian Legal Thought.
In the Zarda case, the Second Circuit granted rehearing en banc after a panel of three judges ruled that Title VII’s prohibition on “sex discrimination” does not encompass “sexual orientation discrimination.” The Center filed an amicus brief urging the Second Circuit not to re-define “sex discrimination” in Title VII and explaining why “sex discrimination” does not include “sexual orientation discrimination.” Oral argument was heard September 26 and is available here (click on case number 15-3775).