This information was obtained from: abajournal.com

Home Daily News Kavanaugh keeps observers guessing in arguments

U.S. Supreme Court

U.S. Supreme Court Justice Brett M. Kavanaugh provided little clue to his thinking on Title VII protections for gay and transgender people during U.S. Supreme Court oral arguments Tuesday, while Justice Neil M. Gorsuch asked some questions that appeared to favor both sides.

Kavanaugh asked just one question during the two hours of oral arguments. Gorsuch, on the other hand, commented that the textual evidence is very close on the issue.

The National Law Journal, BuzzFeed News, the New York Times, the Washington Post, SCOTUSblog and USA Today have coverage, while How Appealing links to additional stories.

The Supreme Court is considering the reach of Title VII of the Civil Rights Act, which prohibits workplace bias because of sex. Two cases are consolidated for the court to consider whether workplace discrimination because of sexual orientation is banned by the law. A third considers whether discrimination against transgender workers is banned.

Kavanaugh posed his question to Jeffrey Harris, a lawyer arguing for employers in the sexual orientation cases. He asked whether Harris was drawing a distinction between the literal and ordinary meaning of because of sex in cases of sex-based discrimination. Harris said he didn t see a difference and switched to another topic....