By Daniel A. Gwinn and Laura Bradshaw-Tucker
Three years ago, pundits saw victory for LGBTQ rights in the Supreme Court’s decision in Bostock v. Clayton County, which read Title VII’s prohibition against discrimination “because of … sex” to include protection against workplace discrimination based on sexual orientation and gender identity. That victory appeared to be cemented in January 2021, with an Executive Order requiring federal agencies to follow Bostock when interpreting the word “sex” in other anti-discrimination laws. In the months that followed, the Equal Employment Opportunity Commission and the Department of Education issued guidance protecting LGBTQ individuals, and especially transmen and transwomen, from discrimination based on sexual orientation or gender identity.
The sense of victory didn’t last long.