It applies the same logic to discrimination against transgender individuals. Most federal appeals courts have interpreted Title VII to exclude sexual orientation discrimination. Judges in the Sixth Circuit sided with her, ruling that sex and gender identity cannot be disentangled. Some conservatives have balked at the suggestion that it would be fundamentally conservative or textualist to see the law as covering sexual orientation and gender identity. The purpose of outlawing sex discrimination, they have pointed out, was to produce gender equality — not to tackle other forms of discrimination.

Source: New York Times July 02, 2019 15:15 UTC