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US Supreme Court hears major LGBT rights cases | US Supreme Court hears major LGBT rights cases |
(about 1 hour later) | |
The US Supreme Court is considering whether a civil rights law that bars workplace discrimination applies to gay and transgender workers. | The US Supreme Court is considering whether a civil rights law that bars workplace discrimination applies to gay and transgender workers. |
It is hearing two cases of alleged discrimination against gay employees, and a third involving transgender discrimination. | It is hearing two cases of alleged discrimination against gay employees, and a third involving transgender discrimination. |
Protesters from both sides gathered outside the court as arguments began. | Protesters from both sides gathered outside the court as arguments began. |
The cases may be a landmark for LGBT rights in the US, four years after gay marriage became legal nationwide. | The cases may be a landmark for LGBT rights in the US, four years after gay marriage became legal nationwide. |
Decisions from the nine justices on America's highest court are due by next June. | Decisions from the nine justices on America's highest court are due by next June. |
What are the cases? | What are the cases? |
The first two cases have been consolidated as both address the purported discrimination of gay employees. | The first two cases have been consolidated as both address the purported discrimination of gay employees. |
Donald Zarda, a skydiving instructor from New York, and Gerald Bostock, a former child welfare services co-ordinator from Georgia, both say they were fired because of their sexual orientation. | |
Mr Zarda, who died in 2014, was dismissed after joking with a female client with whom he was tandem diving not to worry about the close physical contact because he was "100% gay". | |
The company maintained he was fired because he shared personal information with a client, not because he was gay, but a court in New York ruled in Mr Zarda's favour. | |
In Mr Bostock's case, lower courts ruled against the plaintiff. He says he lost his job after joining a gay recreational softball league, thereby publicly revealing his sexual orientation. His employer, Clayton County, said his dismissal was the result of "conduct unbecoming of a county employee". | |
In its decision, a federal court in Atlanta argued that dismissal for homosexuality was not prohibited under existing anti-discrimination legislation. | |
In the third case, Michigan funeral home employee Aimee Stephens claims she was fired for coming out as transgender. | |
She had worked as Anthony Stephens for six years before writing a letter to colleagues saying she had "felt imprisoned in a body that does not match my mind". | |
She wrote that she would return to work "as my true self, Aimee Australia Stephens, in appropriate business attire". | |
Two weeks later, Ms Stephens was fired for insisting to work in women's clothes. In a brief filed last year, the owner denied that it had engaged in sex stereotyping by demanding Ms Stephens comply with a dress code "applicable to Stephen's biological sex". | |
The lower court sided with Ms Stephens. The US Department of Justice under President Donald Trump has supported the employers in each case. | |
What's the legal background? | What's the legal background? |
Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees on the basis of sex as well as gender, race, colour, national origin and religion. | Title VII of the Civil Rights Act of 1964 forbids employers from discriminating against employees on the basis of sex as well as gender, race, colour, national origin and religion. |
The legal arguments hinge on whether "sex" may apply to sexual orientation and gender identity. | The legal arguments hinge on whether "sex" may apply to sexual orientation and gender identity. |
So far, most federal appeals courts in the US have interpreted the law to exclude discrimination against lesbian, gay, bisexual and transgender people. | So far, most federal appeals courts in the US have interpreted the law to exclude discrimination against lesbian, gay, bisexual and transgender people. |
But two courts, in New York and Chicago, recently ruled that discrimination against LGBT people is a form of sex discrimination. | But two courts, in New York and Chicago, recently ruled that discrimination against LGBT people is a form of sex discrimination. |
Rainbow flags at the Supreme Court | |
Analysis by Tara McKelvey | |
Dozens of people demonstrated outside the Supreme Court building, holding signs that say: "Trans people belong", "We will fight back" and other slogans that underscore their message: gay and transgender rights should be protected in the workplace. | |
The issue being considered by the court has important legal implications, as activists explain, saying no-one should be sacked for being gay. The matter also has political implications: evangelical Christians, many of whom helped Trump get elected, think the laws should not change and are hoping the court will agree. | |
For Trump, the ruling will either provide a victory or a setback for his supporters. The progressive activists are naturally campaigning for a victory for their side. With that goal in mind, one activist is holding a sign: "Surrender Donald." | |
What happened in court? | What happened in court? |
The Supreme Court justices appeared divided on Tuesday on whether Title VII protects gay, lesbian and transgender employees. | The Supreme Court justices appeared divided on Tuesday on whether Title VII protects gay, lesbian and transgender employees. |
Conservative Justice Samuel Alito said that if the provision is found to cover LGBT individuals, the court would be seen as deciding "a major policy question" - taking the place of the legislature. | |
Chief Justice John Roberts is seen as a possible swing vote on the issue. | Chief Justice John Roberts is seen as a possible swing vote on the issue. |
He asked on Tuesday whether, if the court were to rule that sexual orientation is covered by Title VII, exemptions would be granted for employers with strong religious beliefs. | |
It is the first time the top US court has heard a case involving gay rights since 2018. | It is the first time the top US court has heard a case involving gay rights since 2018. |
Since then the balance of the court has tilted to a 5-4 conservative majority, including Trump appointees Justice Neil Gorsuch and Justice Brett Kavanaugh. | Since then the balance of the court has tilted to a 5-4 conservative majority, including Trump appointees Justice Neil Gorsuch and Justice Brett Kavanaugh. |
On Tuesday, Mr Gorsuch voiced sympathy for the fired workers, saying sex seemed to be a "contributing cause" for their dismissals. | |
But, echoing Mr Alito, he later warned of "massive social upheaval" if the court were to rule in favour of LGBT workers, instead of allowing Congress to legislate on the subject. | |
'It happened to me' | 'It happened to me' |
AJ Celento says he was fired because of his sexuality from a restaurant in Nashville, Tennessee, which the family-owned chain denies. | AJ Celento says he was fired because of his sexuality from a restaurant in Nashville, Tennessee, which the family-owned chain denies. |
In 2017, Mr Celento was hired as a manager at Demos'. Once hired, Mr Celento says he was asked repeatedly about his personal life, before disclosing he was married to a man. | |
Mr Celento said he was asked to sign a disciplinary statement saying he had been "dishonest" about his marriage during the hiring process and was later dismissed. | |
"It was based on [my sexuality] 100%," Mr Celento said. Without a job, he says, he and his husband, Josh, lost their health insurance and their home. | |
But Peter Demos, president of Demos', told the BBC that Mr Celento had been fired for arriving late and speaking abusively to other employees. | |
According to Mr Demos, Mr Celento did not even disclose his sexuality until he was disciplined for poor timekeeping. | |
At the the time Mr Celento was sacked, a third of the chain's managers were members of the LGBT community, Mr Demos added. | |
Tennessee is one of more than half of US states without an explicit law protecting LGBT people from discrimination in housing, employment or public accommodations. | Tennessee is one of more than half of US states without an explicit law protecting LGBT people from discrimination in housing, employment or public accommodations. |