Rethinking Discrimination
Does discrimination on the basis of sex include discrimination on the basis of sexual orientation or gender identity? For several years now, federal agencies and courts have been split on the issue. Last year, the Supreme Court agreed to hear three cases to settle the matter. And now the court has finally ruled: Discrimination on the basis of sex includes sexual orientation and gender identity.
There is much misunderstanding about discrimination — even among conservatives and libertarians. But first, to understand the court’s decision, we must go back to 1964.
The Civil Rights Act
The Civil Rights Act of 1964 was signed into law by President Lyndon B. Johnson on July 2, 1964 (shown above). It claimed to be:
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