The U.S. Supreme Court has held that title VII of the Civil Rights Act of 1964 does include discrimination against gay persons. I have discussed this issue a few times, that the decision in Oncale v. SundownerOffshore Services, Inc., 523 US 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), was a very parsed decision. See my prior posts here and here.
Now, the Supreme Court has agreed. Looking at the plain meaning of Title VII, which prohibits discrimination based on sex, Justice Gorsuch finds the statute clearly prohibits homosexual based discrimination. The language of Title VII says it prohibits discrimination based on sex. In its decision, the court essentially says a statute says what it says. The decision admits that back in 1964, when Title VII was enacted, no one involved expected it would include discrimination against gay persons, including the members go Congress who passed the statute. But, as the court noted, if a statute is plain, then the job of the court is at an end. Sex, said the majority decision, plays a “necessary and undisguisable” role on a decision based on a person’s homosexuality. The court added that if the stature is clear, then the wishes expressed by individual legislators are of no consequence.
See the decision on Bostock v. Clayton County, No. 17-1618 (2020) here.