The justices ruled that Title VII of the Civil Rights Act prohibits firing or disfavouring workers on the basis of their sexual orientation or gender identity
WHEN ANTHONY KENNEDY retired in 2018, gay-rights supporters fretted over the loss of a justice who had anchored four expansions of gay and lesbian rights—including the landmark decision opening marriage laws to same-sex couples in 2015. With Mr Kennedy’s replacement by the more conservative Brett Kavanaugh, and Donald Trump’s appointment of Neil Gorsuch 18 months earlier, LGBT activists worried the progress would come to a halt.
Supreme Court cases take years to litigate. The latest LGBT battle took about a decade. Two of the three plaintiffs in the cases did not live to savour their victory. Donald Zarda, a skydiving instructor in New York who was fired for being gay in 2010, died during a jumping accident in 2014. Aimee Stephens, a transgender woman fired from a funeral home after explaining her gender identity to her boss, died last month.
Justice Kavanaugh wrote a dissent admonishing the majority for legislating from the bench. “[W]e are judges,” he wrote, “not Members of Congress.” For the more vituperative Justice Samuel Alito , the “radical” result inis based on “preposterous” reasoning. Although the majority invokes the late Justice Antonin Scalia’s teaching that judges should pay heed only to the words of a statute, Justice Alito wrote, “no one should be fooled” by the ruling.
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