by SHANNON PRICE MINTER
On April 4, 2017, in a case called Hively v. Ivy Tech Community College, the Seventh Circuit Court of Appeals ruled that Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on sex, protects lesbian, gay, and bisexual employees. Reversing several of its earlier decisions, the Seventh Circuit became the first federal appeals court to conclude that “discrimination on the basis of sexual orientation is a form of sex discrimination.”
This landmark ruling advances one of the most important goals of the LGBT movement — obtaining nationwide anti-discrimination protection for LGBT workers. Along with the confirmation of Judge Neil Gorsuch to the U.S. Supreme Court, this ruling underscores just why the courts are so important to the future of our movement.
For years, LGBT advocates and allies have worked hard to pass state and federal anti-discrimination laws. In 2015, Sen. Jeff Merkley and Rep. David Cicilline introduced the Equality Act, a comprehensive federal bill that would prohibit sexual orientation and gender identity discrimination in employment, housing, and public accommodations. But faced with conservative majorities in many state legislatures and the U.S. Congress, our progress on the legislative front has been grueling and slow. In contrast, the federal courts have become increasingly receptive to claims by LGBT people brought under federal sex discrimination laws.