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US Supreme Court hears major LGBT rights cases | US Supreme Court hears major LGBT rights cases |
(32 minutes 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. | 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. | 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. |
Mr Bostock 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". | |
Mr Bostock lost his discrimination case in a federal court in Atlanta. | |
Michigan funeral home employee Aimee Stephens says 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 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 court filing last year, the funeral home owner argued it wanted Ms Stephens to comply with a dress code "applicable to Stephens' biological sex". | |
A 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. |
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. | 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. | 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. | 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. | 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. |
Tara McKelvey, BBC News, at the scene | |
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." | |