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We the People

LGBTQ Employees’ Rights at the Supreme Court

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 18 June 2020

⏱️ 54 minutes

🧾️ Download transcript

Summary

This week, the Supreme Court issued its decision in Bostock v. Clayton County, Georgia and two related cases, holding that an employer who discriminates against or fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964. This episode explores this landmark decision with Joshua Matz, a constitutional lawyer who wrote a key amicus brief in support of the employees in these cases, and Dr. Matthew Franck of Princeton University. They dive into the “weeds” of Justice Gorsuch’s majority opinion, the dissenting opinions by Justices Alito and Kavanaugh, and the reasoning behind them—then take a step back and examine the “forest” view of how this ruling may affect LGBTQ people as well as religious groups and others more broadly. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center and welcome to We

0:08.0

the People, a weekly show of constitutional debate.

0:11.3

The National Constitution Center is a nonpartisan nonprofit chartered by

0:15.2

Congress to increase awareness and understanding of the Constitution among

0:19.6

the American people. This week the Supreme Court handed down Bostick versus Clayton County, Georgia and two related cases.

0:27.0

They held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.

0:36.1

On today's episode, we'll discuss this landmark decision with two leading scholars of the Supreme

0:41.8

Court.

0:42.8

Joshua Matz is a partner at Kaplan, He Hacker, and Think, LLP.

0:47.2

He recently rejoined the firm from the House Judiciary Committee, where he served as counsel

0:51.4

for the impeachment and trial of President Trump.

0:54.8

He is the author with Professor Lawrence Tribe of To End a Presidency, and he filed a brief in this case in support of the employees on behalf of former solicitors

1:06.7

General.

1:07.7

Joshua, it's great to have you back on the show.

1:10.3

Thank you for having me.

1:11.7

Matthew Frank is the Associate Director of the James Madison program in American ideals and institutions

1:16.7

and lecture in politics at Princeton University.

1:19.4

He's also a Senior Fellow at the Witherspoon Institute at Princeton and Professor

1:24.2

Emeritus of Political Science at Radford University. Matthew thank you so much

1:28.7

for joining. Great to be with you Jeff, thanks. Let's jump right into the decision.

1:34.0

Joshua, what did the court hold and what was Justice's Gorsuch's legal theory

1:41.0

for the holding?

...

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