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Can the Supreme Court Protect Us?

Can the Supreme Court Protect Us?

Supreme Court

The nation has watched as Aimee Stephens, the transgender woman from Michigan whose workplace discrimination case has made its way to the Supreme Court, has been scrutinized and stereotyped. With this case being the first of its kind, exactly one week from today, the Supreme Court will decide the fate of queer folks in the workforce all across America.

October 8 will go down as a day in history, as the Court will decide if Title VII of the Civil Rights Act of 1964 should guarantee nationwide protection from workplace discrimination to those who are LGBTQ, even in states that currently offer no protections.

“The Supreme Court has the opportunity to affirm that all LGBTQ people should be able to work hard and support themselves and their families without fear of harassment or discrimination at work,” said Daniel Ramos, executive director of One Colorado.

Currently, only 21 states have non-discrimination protections for LGBTQ folks in regards to employment, housing, and accommodations. Fortunately, Colorado is one of those states.

“Colorado has had protections for LGBTQ people in place for over a decade, and that helps make sure that our LGBTQ neighbors are protected from harm,” said Ramos.

Though once nicknamed the “hate state” for the passing of Amendment 2 in 1992, which put into the state’s constitution that LGBTQ people were not a protected class, the Rocky Mountain state has righted course and has been on the progressive end of the cultural shift.

Since May of 2007, Colorado has seen the implementation of local protections, when Governor Bill Ritter signed into law Senate Bill 25 (the Employment Non-Discrimination Act). This extended employment non-discrimination protections to LGBTQ residents, declaring that employers cannot discriminate based on sexual orientation and gender identity.

The following spring of 2008, Colorado’s legislature voted in favor of extending protections to people from discrimination based on sexual orientation and gender identity in housing and public accommodation, and Governor Bill Ritter signed the bill into law.

“We’re very fortunate to be protected here at home, but we’re vulnerable whenever we leave the state,” Ramos said. “Every American should be able to travel to visit family and friends without fear of discrimination and harassment just because of who they are or what zip code they happen to be in.”

As the argument of discrimination is up for consideration, Newsweek reported that many don’t consider transgender issues to be in the same category as sex stereotyping and therefore cannot be held to the same Title VII standards.

“We must affirm those protections for LGBTQ workers,” said Ramos. This is why organizations like One Colorado are tirelessly working to ensure that protections and safeguards from discrimination are continuing to evolve and cover more and more identities and orientations.

The work didn’t end when we received the federal recognition of same-gender marriage rights, and it won’t end with Stephens’ Supreme Court case. The work will not be complete until all people, regardless of race, orientation, or gender, can be embraced for what makes us all different rather than punished for it.

“Regardless of how the Court rules, Congress will need to finish the job by finally passing the Equality Act,” Ramos said.

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