On Tuesday, April 4th, the Seventh Circuit Court of Appeals ruled that the 1964 Civil Rights Act protects workers from discrimination based on sexual orientation. Surprisingly, of the eight judges in the majority, five were appointed by Republican presidents. The ruling came shortly after an appellate court in Georgia put forth a decision stating the exact opposite: that the Civil Rights Act says nothing of discrimination against gay employees. The Seventh Circuit is the highest court to deliver such an opinion, making it a major victory for gay rights activists. The issue may eventually go to the Supreme Court for a final decision.
A Much-Needed Victory
The decision came amidst much ire on the part of LGBTQ-rights activists following the administration’s decision to rescind a guidance allowing transgender students to use the bathroom corresponding with their gender identity. The ruling also came after the recent executive order weakening Obama-era protections for certain LGBTQ workers. What’s more is that the Trump administration submitted a plan to Congress excluding LGBTQ people from the 2020 Census and the American Community Survey (ACS). These executive actions have been (somewhat) perplexing, as the office of the Press Secretary released a statement in January promising that the President “is determined to protect the rights of all Americans, including the LGBTQ community.” Of course, it isn’t all that surprising that Trump’s policies have contradicted his own words.
The Court’s Logic
In light of these socially backward actions, the recent decision by the Seventh Circuit provides a glimmer of hope to a community fighting for basic protections. So why did the federal court make a decision so different from previous rulings? The majority opinion found that the Civil Rights Act does in fact protect those affected by discrimination based on sexual orientation. In contradistinction to previous cases, the court concluded that sex-based discrimination, which is prohibited by the landmark statute, is essentially the same as discrimination on the basis of sexual orientation.
Kimberly’s Story
The Seventh Circuit’s decision came on the heels of a lawsuit filed by Kimberly Hively against Ivy Tech Community College. Hively claimed that the college refused to give her full-time employment and eventually fired her because she is a lesbian. Following a request by the defendant, the case was dismissed by the U.S. District Court for the Northern District of Indiana because they didn’t agree with the plaintiff that Title VII of the Civil Rights Act protects employees against anti-gay discrimination, according to Lambda Legal who has been representing Hively. With the federal court’s recent determination, Ms. Hively will now go back to the lower court to continue her effort to receive remuneration for wrongful termination.
A Heated Debate
Other federal courts have ruled in an opposing manner. For example, the United States Court of Appeals for the Eleventh Circuit decided in March that the Civil Rights Act does not protect against discrimination based on sexual orientation. The issue has come up on multiple occasions, leading some to think that the Supreme Court could eventually weigh in on the matter.
According to Greg Nevins, of Lambda Legal, “Courts elsewhere can’t just sit back and rely on rulings over 15 or 20 years as being the last word.” This is especially true because, as Nevins put it, the Seventh Circuit is widely respected for its intellectual rigor, meaning this decision could have a great impact on future rulings.
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