Ep 81 Bostock v Clayton County (2020)

SCOTUS, in a 6-3 decision, held that homosexual and transgender people are protected from discrimination under the Civil Rights Act of 1964. The Act prohibits discrimination against anyone “because of sex.” Neil Gorsuch, writing for the majority, concluded that firing someone due to their homosexuality or transgender status is prohibited by that language. The Court discusses statutory interpretation and how even if Congress did not contemplate a particular outcome, the words they choose that are signed into law are all that matter. We discuss Bostock v. Clayton County and how statutes often have consequences unintended by Congress. We also discuss, unlike the Court, whether or not Congress has the legitimate constitutional authority to regulate the private, intrastate activity of individuals.