The US Supreme Court is considering whether a civil rights law that bars workplace discrimination applies to gay and transgender workers.<\/p>\n
It is hearing two cases of alleged discrimination against gay employees, and a third involving transgender discrimination.<\/p>\n
Protesters from both sides gathered outside the court as arguments began.<\/p>\n
The cases may be a landmark for LGBT rights in the US, four years after gay marriage became legal nationwide.<\/p>\n
Decisions from the nine justices on America’s highest court are due by next June.<\/p>\n
The first two cases have been consolidated as both address the purported discrimination of gay employees.<\/p>\n
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.<\/p>\n
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”.<\/p>\n
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.<\/p>\n
Mr Bostock says he lost his job after joining a gay recreational softball league, thereby publicly revealing his sexual orientation.<\/p>\n
His employer, Clayton County, said his dismissal was the result of “conduct unbecoming of a county employee”.<\/p>\n
Mr Bostock lost his discrimination case in a federal court in Atlanta.<\/p>\n
Michigan funeral home employee Aimee Stephens says she was fired for coming out as transgender.<\/p>\n
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”.<\/p>\n
Two weeks later, Ms Stephens was fired for insisting to work in women’s clothes.<\/p>\n
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”.<\/p>\n
A lower court sided with Ms Stephens.<\/p>\n
The US Department of Justice under President Donald Trump has supported the employers in each case.<\/p>\n
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.<\/p>\n
The legal arguments hinge on whether “sex” may apply to sexual orientation and gender identity.<\/p>\n
So far, most federal appeals courts in the US have interpreted the law to exclude discrimination against lesbian, gay, bisexual and transgender people.<\/p>\n
But two courts, in New York and Chicago, recently ruled that discrimination against LGBT people is a form of sex discrimination.<\/p>\n
The Supreme Court justices appeared divided on Tuesday on whether Title VII protects gay, lesbian and transgender employees.<\/p>\n
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.<\/p>\n
Chief Justice John Roberts is seen as a possible swing vote on the issue.<\/p>\n
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.<\/p>\n
It is the first time the top US court has heard a case involving gay rights since 2018.<\/p>\n
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.<\/p>\n
On Tuesday, Mr Gorsuch voiced sympathy for the fired workers, saying sex seemed to be a “contributing cause” for their dismissals.<\/p>\n
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.<\/p>\n
ara McKelvey<\/strong>, BBC News, at the scene<\/strong><\/p>\n 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.<\/p>\n 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.<\/p>\n 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.”<\/p>\n Source: bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"