Textualism and Bostock

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Blog Posting

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Your Witness blog


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


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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