The tide has undeniably been rising in recent years to give legally protected status to sexual orientation, gender identification and a galaxy of related concepts called LGBTQ rights. The Trump administration may be trying to turn that tide, or at least hold it back a little.

On July 26, the Department of Justice filed an amicus brief in Zarda v. Altitude Express, in which it took the position that Title VII of the Civil Rights Act does not cover sexual orientation. This is at odds with the position taken by the federal government under President Obama — a position still officially held by the Equal Employment Opportunity Commission.

Title VII is the best-known federal law prohibiting discrimination in employment. It expressly prohibits discrimination based on race, color, religion, sex or national origin. It does not mention “sexual orientation.” For years, courts have routinely dismissed Title VII lawsuits attempting to claim that “sex” includes “sexual orientation.”