As per the recent ruling for Supreme court on the hottest social issues which came out. Now the employers cannot fire their workers on being transgender or gay. The most surprising is that Neil Gorsuch has written the major portion of opinion who was chosen as the first appointee by President Donald Trump’s. Trump’s had recently picked Brett Kavanaugh with the other 2 Samuel Alito and Clarence Thomas court’s dissenters. Watch the complete video below-
No Employer can Fire Employees on Being Gay or Transgender
In 2016 after Antonin Scalia died then Gorsuch had come to court and in place of Anthony Kennedy, Kavanaugh came. Till Monday they had written the rulings of gay rights for the court till the year 2018 when he got retired.
There was resentment among the LGBT community when Justice Kennedy who was their hero got retired. They thought that it would be a huge setback for the Supreme court. But as per Tom Goldstein who publishes the SCOTUS blog had said that it was a great victory. He said the irony here is when conservative Trump appointee would write the opinion and Kavanaugh is supporting dissenters.
Historical Decision was given on basis of Civil Rights Act of 1964
John Roberts, the chief justice had assigned Gorsuch for writing the opinion which should be based on the Civil Rights Act of 1964 that bans discrimination of job-based on religion, sex, as well as race. He said when the law was made 56 years ago Congress did not think about sexual orientation and now what matters is the law, not Congress thought. He said if a boss fires any male for getting attracted to another male then this is discrimination as that is being tolerated when a female employee does that.
Before Gorsuch, Scalia had worked and said that while passing the law there are many things which Congress may not consider. Such as in lower courts it has been decided that if the opposite sex is harassing then it is illegal otherwise it is not but Scalia did not think so.
Some Conservatives are calling the Ruling to be Prepostereous
With the ruling came on Monday, Gorsuch conservative friends are criticizing him. They are criticizing by saying the ruling as “preposterous”.
The question with these cases is that discrimination based on gender identity or sexual orientation to be considered out of the law. This has been done by the Congress while making law in 1964. The answer to this is indisputable no.
Kavanaugh had agreed that this ruling had crossed over to separate the government branches. But there is no bitterness in his opinion. To sum up he said that there are many lesbian and gay Americans who fought to get equal treatment can have pride with the result announced.