'Despicable': Trump DOJ Argues to Supreme Court It's Not Discrimination to Fire Transgender People Just for Being Transgender
In the Trump administration’s latest assault on transgender Americans’ rights, the Justice Department on Wednesday urged the U.S. Supreme Court to rule that employers are legally permitted to discriminate against transgender workers—potentially rolling back a lower court’s ruling that was celebrated by LGBTQ rights groups earlier this year.
As the Supreme Court decides whether to rule on a 6th Circuit Court of Appeals case from last March, which found that transgender Americans must be protected under federal anti-sex discrimination laws, the DOJ explicitly argued that such protections should not be extended to a group that the Trump administration has essentially stated does not exist and should not be acknowledged.
“The ordinary meaning of ‘sex’ does not refer to gender identity,” Solicitor General Noel Francisco wrote in a brief, according to Bloomberg Law. The argument was in keeping with the administration’s official position on transgender people, made public earlier this week: that one’s gender is dictated not by one’s identity, but by sex assigned at birth.
Like the administration’s earlier announcement, the news of the brief sparked outrage among LGBTQ rights advocates.
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