"No one should be denied a job or fired simply because of who they are or whom they love", said HRC President Alphonso David. Kennedy was a voice for homosexual rights whereas Kavanaugh is considered extra conservative.
The Supreme Court is set to hear arguments in two of the term's most closely watched cases over whether federal civil rights law protects LGBT people from job discrimination. When Justice Antonin Scalia joined the court in 1986, originalism was a relatively fringe philosophy only he and a few other judges adhered to, but it has since become one of the dominant methods of judicial interpretation.
"We know that we will still need to work for legislation on a local, state and federal level to make these protections explicit", Graham said. A federal trial court rejected his discrimination claim, saying that the Civil Rights Act does not protect him from losing his job because of his sexual orientation.
The nominees were condemned by GLAAD, which said they were "an ideologically-driven pick designed to create an activist Supreme Court that will undermine rights and protections for women, LGBTQ people, immigrants, and all vulnerable people".
A ruling for the employees would mean that LGBTQ people will be protected from discrimination at work and possibly beyond. "So everyone should be aware of that and presidential candidates should be talking about that".
The US Supreme Court is weighing in on three hugely important cases that will determine whether it's legal to discriminate against LGBT+ people in the US.
The first of two cases involved a skydiving instructor and a county government worker in Georgia who were fired for being gay.
Gerald Bostock, a former child welfare services coordinator for Georgia's Clayton County, says he was sacked for a similar reason.
The top court will also examine the MI case of funeral home employee Aimee Stephens, who claims she was sacked because she is transgender. Sign up here for Yahoo Entertainment & Lifestyle's newsletter.
The arguments present the court with its first major test on gay and transgender rights since Trump appointed conservative Justice Brett Kavanaugh to replace Kennedy, with the four liberal justices sympathetic to LGBT rights. These courts have found that discrimination against LGBTQ people violates laws including Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Affordable Care Act.
In ALTITUDE EXPRESS INC. v. ZARDA, Donald Zarda, a skydiving instructor, was sacked from his job because of his sexual orientation.
After two hours of arguments, the Supreme Court will make a landmark decision on whether Title VII should encompass sexual orientation and gender identity, or if these protections should be stripped away.
The Supreme Court began its 2019-2020 term yesterday, and this year's docket holds some politically charged cases sure to stir intense debate inside and outside the courtroom. The Second Circuit court, though-which was ruling in Zarda's case-said that it did.
"The Supreme Court's legitimacy rests upon a perception that its members are applying existing law in a neutral manner", wrote William Eskridge, a professor at Yale Law School in a blog post.
But if the current court does decide that LGBTQ employees are protected by Title VII, Professor Somin says, it would likely focus on textualism grounds.
But the workers contend, and the lower courts that have ruled for them have reasoned, that the law as it stands plainly covers sexual orientation and gender identity because discrimination against them is based on generalizations about sex that have nothing to do with their ability to do their jobs.