Textualism and Bostock

Authors

Matthew W. Green Jr., Cleveland-Marshall College of Law, Cleveland State UniversityFollow
Nelson Lund, George Mason UniversityFollow

Document Type

Blog Posting

Publication Date

11-18-2021

Publication Title

Your Witness blog

Keywords

civil rights, LGBTQ, sex discrimination, Bostock, Title VII

Abstract

On June 15, 2020, in the case of Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Acts protects employees from discrimination because they may be gay or transgender. Justice Neil Gorsuch’s opinion was an exercise in a textual interpretation of the statute’s language. His opinion has engendered serious debate over his method of statutory interpretation. Matthew Green, Professor of Law at Cleveland-Marshall College of Law and Nelson Lund, University Professor at George Mason University offer differing and illuminating evaluations of the cogency of Gorsuch’s analysis. Both agree, however, that irrespective of the policy outcome, the key issue is whether the Court’s constitutional and statutory analysis is correct.

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Original URL

Repository Citation

Green, Matthew W. Jr. and Lund, Nelson, "Textualism and Bostock" (2021). Law Faculty Articles and Essays. 1213.
https://engagedscholarship.csuohio.edu/fac_articles/1213