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Reason
Reason
Damon Root

Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court

In 2020, the Supreme Court held that firing an employee for being gay or transgender violated Title VII of the 1964 Civil Rights Act, which prohibits employers from discriminating against a job applicant or employee "because of" that individual's "sex." While "those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result," Justice Neil Gorsuch wrote for the majority in Bostock v. Clayton County, "the limits of the drafters' imagination supply no reason to ignore the law's demands."

For Gorsuch, the choice was clear: "When the express terms of a statute give us one answer and extratextual considerations suggest another, it's no contest. Only the written word is the law, and all persons are entitled to its benefit."

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