AUSTIN, Texas — A hardline Christian activist and an evangelical church in North Texas are arguing that federal employment protections for LGBT workers don’t apply to bisexuals.
In a brief filed with the federal appeals court last week, their lawyers argued the U.S. Supreme Court’s 2020 decision barring employment discrimination based on sexual orientation or gender identity does not apply to bisexuals — as long as bi men are being discriminated against “on equal terms” as bi women.
“An employer who discriminates on account of an employee or job applicant’s bisexual orientation (or conduct) cannot engage in ‘sex’ discrimination as defined,” the lawyers wrote, “because that employer would have taken the exact same action against an identically situated individual of the opposite biological sex.”
