How the SCOTUS Ruling on LGBTQ+ Employment Discrimination Protections Affects Other Areas of LGBTQ+ Law

On June 15, 2020, the Supreme Court of the United States (SCOTUS) issued a historic ruling that Title VII of the Civil Rights Act of 1964 protects LGBTQ+ individuals from employment discrimination on the basis of sexual orientation or gender identity. This landmark decision has significant implications not only for employment law, but also for other areas of LGBTQ+ law in the United States.

One of the main areas of LGBTQ+ law that will be affected by the SCOTUS ruling is housing discrimination. The Fair Housing Act (FHA) prohibits discrimination on the basis of race, color, religion, national origin, sex, familial status, and disability in the sale, rental, and financing of housing. However, the FHA does not explicitly prohibit discrimination on the basis of sexual orientation or gender identity. The SCOTUS ruling on Title VII may influence future court decisions on whether the FHA’s prohibition against sex discrimination extends to LGBTQ+ individuals.

Another area of LGBTQ+ law that will be affected by the SCOTUS ruling is education discrimination. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. The Department of Education has issued guidance stating that Title IX’s prohibition against sex discrimination extends to transgender students. However, the guidance has been rescinded by the Trump administration and replaced with a policy that does not include gender identity as a protected characteristic. The SCOTUS ruling on Title VII may influence future court decisions on whether Title IX’s prohibition against sex discrimination includes discrimination on the basis of sexual orientation or gender identity.

The SCOTUS ruling on Title VII may also have implications for healthcare discrimination against LGBTQ+ individuals. Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in healthcare programs or activities that receive federal financial assistance. The Trump administration issued a rule that removed gender identity and termination of pregnancy from the definition of sex discrimination under Section 1557. 

In conclusion, the SCOTUS ruling on Title VII has significant implications for LGBTQ+ law in the United States. It may affect other areas of law, such as housing, education, and healthcare discrimination, and may have a broader impact on LGBTQ+ rights and protections in the country. As the legal landscape continues to evolve, it is important to stay informed about the changing laws and how they affect the LGBTQ+ community.

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