Neil Gorsuch on LGBTQ+ Rights

Neil Gorsuch's position on LGBTQ+ rights is most clearly evidenced by his surprising majority opinion in the 2020 Supreme Court case, Bostock v. Clayton County, which held that Title VII of the Civil Rights Act of 1964, prohibiting discrimination because of sex, also covers discrimination based on sexual orientation or transgender status in employment. He reasoned that firing an individual for being homosexual or transgender inherently involves discrimination based on sex, as the employer would not question the same traits in members of a different sex, making sex a necessary factor in the decision. This ruling provided federal employment protection for millions of LGBTQ+ workers across the United States.

Before this ruling, Gorsuch's record, particularly his conservative judicial philosophy, suggested he might oppose expanding rights for the LGBTQ+ community, with critics pointing to prior judicial votes where he joined opinions rejecting claims by transgender prisoners and employees regarding medical care and restroom access. His approach in Bostock was rooted in textualism, interpreting the plain meaning of the existing statute, which some observers noted was an unexpected application given his philosophical alignment with conservative justices who might otherwise be expected to rule against expanding such protections. This action, while a victory for LGBTQ+ rights, was based on statutory interpretation rather than a broad philosophical endorsement of rights expansion.