In Bostock v. Clayton County, the U.S. Supreme Court held that an employer violated Title VII of the Civil Rights Act of 1964 when it fired a long-time employee for being homosexual or transgender because it was impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex. The Court’s opinion was written by the conservative Trump-appointee Neil Gorsuch. Two dissents were written, one by Justice Samuel Alito and one by Justice Brett Kavanaugh. Your final essay needs to assess the Court’s opinion and Kavanaugh’s dissent (you can ignore the Alito dissent). In your analysis, you must take a clear stand on this question:
Who got it right, Gorsuch or Kavanaugh and…most importantly…why!?
