Since the 1970s, the LGBT community has made a serious impact in improving and necessarily broadening the concept of civil rights issues. Before then, the main civil rights issues that sparked the most division in the United States were race-related, specifically those between whites and blacks in the 1960s. Race has always been a well-known issue for Americans nationwide. Only in recent years have LGBT-related issues become as prominent as they are now.
On June 26, 2015, the U.S. Supreme Court decided 5-4 to legalize same-sex marriage in all 50 states in the landmark Obergefell v. Hodges case. After about 40 long years of dedication and perseverance, the LGBT community won, and it won big time. Thousands of people of all kinds gathered at the Supreme Court to rejoice and celebrate a crucial decision that has a significant impact both in the short and long term for this country.
The short-term impact is the nationwide recognition of same-sex marriage. For years, happy, same-sex couples could not do what happy, straight couples could. Because of the 1996 Defense of Marriage Act, or DOMA, same-sex marriage was not legally recognized since the law defined marriage, from a federal standpoint, as the union between a man and a woman. In Obergefell, the Court ruled DOMA was unconstitutional on the grounds that it failed to provide equal protection of the law for same-sex couples. Since this decision, same-sex couples can finally fulfill their dreams of having a beautiful wedding ceremony in any state they want.
In the long term, Obergefell will forever change the legal landscape not only for same-sex couples but for the entire LGBT community. The decision is important, but it is only the first of hopefully many more progressive decisions in the near future. The next big step for the LGBT community hinges on the amicus brief filed by the U.S. Equal Employment Opportunity Commission, or EEOC, in Burrows v. The College of Central Florida.
Barbara Burrows is a married lesbian. She claims she was fired from The College of Central Florida due to her sexual orientation. Filed in the 11th Circuit, the EEOC argues sexual orientation discrimination is prohibited under Title VII of the Civil Rights Act of 1964 because such discrimination involves sex stereotyping, which is a violation of Title VII. According to the EEOC, “Sexual orientation discrimination necessarily involves sex stereotyping, as it results in the adverse treatment of individuals because their orientation does not conform to heterosexually defined gender norms.” It could be tough for the EEOC to win in the 11th circuit because it covers Alabama, Florida and Georgia, all socially conservative states. However, the Obergefell decision dramatically changed the legal landscape and should help lay the foundation for additional progress in extending civil rights protections in the employment context.
Burrows is not the first significant case involving LGBT rights. In 2011, the EEOC decided in Macy v. Holder that “discrimination based on gender identity, change of sex, and/or transgender status is cognizable under Title VII” in a case filed by a federal employee against his federal agency. As a “federal sector” decision, the case was decided by the five EEOC commissioners on appeal after Mia Macy’s agency determined her claim of discrimination based on her gender identity was not covered by Title VII. EEOC’s brief in Burrows is significant because it is the first case in which EEOC has advanced this argument in federal court against a private employer. If the 11th Circuit rules in favor of Burrows, it would be the first time a federal court has recognized sexual orientation is protected under Title VII.
With the Obergefell decision and the Macy decision, the LGBT community has successfully framed its long struggle for legal protection squarely within the civil rights context. Hopefully, the 11th Circuit will adopt EEOC’s argument and advance the cause of civil rights. However, even if the Supreme Court rules against the EEOC’s position in Burrows, the struggle will continue.
David Katahira is a guest writer for The Cavalier Daily and the Minority Rights Coalition’s bi-weekly “Our Issues, Our Voices” column.
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