Photo: Diego M. Radzinschi/ALM 'Virtually Certain': The 'Bostock' Promise of Full Equality for the LGBT Community
Despite Justice Alito's obvious frustration with Bostock's sweeping advance for LGBT workplace rights and protections, his dissent provides a meticulous, detailed roadmap to the 'virtually certain' promise of full and inclusive LGBT equality in many other areas of law and life.
August 07, 2020 at 10:30 AM
8 minute read
You could easily read this as a "thank you" note to United States Supreme Court Justice Samuel Alito. The landmark June 15, 2020, SCOTUS ruling in Bostock v. Clayton County, 590 U.S. ____ (2020), held that Title VII's prohibition on sex-based discrimination in employment extends to the lesbian, gay, bi-sexual and transgender (LGBT) community. Justice Alito was joined by Justice Clarence Thomas in issuing a vociferous, even blustery, dissent decrying the majority's "[u]surping the constitutional authority of the other branches." Justice Alito feels that LGBT people should continue to suffer employment discrimination "based on sex" because so-called "constitutional niceties" compel it. Despite Justice Alito's obvious frustration with Bostock's sweeping advance for LGBT workplace rights and protections, his dissent provides a meticulous, detailed roadmap to the "virtually certain" promise of full and inclusive LGBT equality in many other areas of law and life.
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