Title Vii of the 1964 Civil Rights Act protects people in the workplace from being discriminated against, based on their race, color, religion, sex, or national origin. Because even though a business owner owns a business, apparently they don’t ACTUALLY own a fucking thing, and employees have every right to dictate what an employer must do with their own company if the majority votes for it. But I digress.
Before you write any hate comments, I’m all for civil rights and equality among all people, but in this country, property rights are a right enumerated in the constitution, and writing laws to prevent some employer from being an asshole, absolutely positively violates their right to run their business however they see fit, and let the market sort it the fuck out.
Anyway, about the case. The Funeral Home had an employee for years named Anthony Stephens, who was born male, but identified as female. Anthony had been Anthony for his employer for years, but then one day, Anthony decided to be true to herself, and opted to transition to becoming Aimee Stephens.
The funeral home, being some backass unwoke motherfuckers, decided that Aimee would be too problematic for them and immorally fired her. Seriously, fuck them. I think it’s their right to be an asshole, when it comes to how they run their business, yes. But they’re definitely the assholes here.
So the Equal Employment Opportunity Commission decided to defend Aimee and go after the funeral home. The civil rights act protects against sex-based termination, but this poses a new wrinkle. Aimee wasn’t fired for being a woman. She was fired for transitioning from being a man to a woman. In other words, if she had been assigned the gender of female, and been Aimee from the start, they likely would have hired her and been fine. Counsel’s argument for Aimee was that Aimee wouldn’t have been fired if she’d been a woman all along, she’s being fired because she was a man physically, and thus they’re arguing she’s being fired over her sex. Seems a stretch since had Aimee not opted to transition and just remain a man, she’d not have been fired either. Clearly the issue is not whether she’s a man or a woman for the funeral home, but because her employer thinks people shouldn’t transition, and she desired to do so, that alone was her cause for termination.
So a district court sided with the funeral home. Then the 6th circuit court of appeals was like, “Wrong answer, you district court motherfuckers.” So as it always go, two different courts have two different answers, and off to SCOTUS we go to figure this shit out.
As was mentioned in the Bostock decision, SCOTUS in a landmark 5:4 decision, decided gay and transgender people are protected under the civil rights act. You can’t fire someone for being gay, no more than you can fire them for being black, being a woman, etc.
Hear oral arguments, and read about the case here.