Two conservative justices pushed the Supreme Court to its historic LGBTQ+ decision

This morning, the U.S. Supreme Court issued a historic ruling that protects LGBTQ+ people from workplace discrimination. In the 6-3 ruling, two conservative-leaning justices, Neil Gorsuch and John Roberts, joined the four liberal-leaning judges in the decision. Gorsuch himself wrote the Supreme Court opinion.

The courts are supposed to be objective, so labeling justices as "conservative" and "liberal" always feels a bit reductive. But we live in a highly partisan era and it would be naive to ignore the politicized underpinnings of judicial appointments—especially in high-profile cases like this one, with a 5-4 split along conservative/liberal lines, which wouldn't have been surprising.

So how did these two conservative judges end up ruling in favor of the LGBTQ+ community, which is generally viewed as a liberal stance?

In a nutshell, they didn't. Not explicitly anyway.


The basis of the ruling isn't actually about legal protection based on sexual orientation or gender identity itself. In the opinion, Gorsuch explains that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on "race, color, religion, sex, [and] national origin." What the court determined was that the "sex" part of the law is what LGBTQ+ workplace discrimination cases really boils down to.

"If the employer intentionally relies in part on an individual employee's sex when deciding to discharge the employee—put differently, if changing the employee's sex would have yielded a different choice by the employer—a statutory violation has occurred," Gorsuch wrote in the 27-page opinion.

The entire opinion includes specific precedents and arguments against dissents issued by the other conservative justices, but the gist of the ruling is summed up in these two paragraphs:

"An individual's homosexuality or transgender status is not relevant to employment decisions. That's because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex. Consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer's mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee's sex, and the affected employee's sex is a but-for cause of his discharge. Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee's sex plays an unmistakable and impermissible role in the discharge decision.

That distinguishes these cases from countless others where Title VII has nothing to say. Take an employer who fires a female employee for tardiness or incompetence or simply supporting the wrong sports team. Assuming the employer would not have tolerated the same trait in a man, Title VII stands silent. But unlike any of these other traits or actions, homosexuality and transgender status are inextricably bound up with sex. Not because homosexuality or transgender status are related to sex in some vague sense or because discrimination on these bases has some disparate impact on one sex or another, but because to discriminate on these grounds requires an employer to intentionally treat individual employees differently because of their sex."

What's interesting about basing the ruling on sex discrimination—aside from the fact that it makes perfect sense within the letter of the law—is that it serves as a loophole, which these conservative justices are able to rule in favor of LGBTQ+ protection under the law without explicitly defending anyone's sexual orientation or gender identity. In other words, they don't have to voice support for the LGBTQ+ community anywhere in this opinion—the law regarding sex discrimination covers it.

Gorsuch summed up the opinion as such:

"Ours is a society of written laws. Judges are not free to overlook plain statutory commands on the strength of nothing more than suppositions about intentions or guesswork about expectations. In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee's sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law."

The court has concluded that "the law," as written, protects LGBTQ+ folks from discrimination because LGBTQ+ discrimination is inseparable from sex discrimination.

What's striking about this ruling is that it means these protections have already been in place for the past 56 years. In some ways, that makes the ruling more powerful than if new legislation had been passed adding specific language regarding sexual orientation and gender identity. On one hand, it sort of allows the court to skirt around the question of specific protections for LGBTQ+ people. On the other, it essentially reaches an arm around the LGBTQ+ community and sweeps them into the broad protections already guaranteed to everyone else.

With the argument being made by a conservative justice and signed off by another, that's a huge, historic statement and a big win for LGBTQ+ workers.

Images courtesy of John Scully, Walden University, Ingrid Scully
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Since March of 2020, over 29 million Americans have been diagnosed with COVID-19, according to the CDC. Over 540,000 have died in the United States as this unprecedented pandemic has swept the globe. And yet, by the end of 2020, it looked like science was winning: vaccines had been developed.

In celebration of the power of science we spoke to three people: an individual, a medical provider, and a vaccine scientist about how vaccines have impacted them throughout their lives. Here are their answers:

John Scully, 79, resident of Florida

Photo courtesy of John Scully

When John Scully was born, America was in the midst of an epidemic: tens of thousands of children in the United States were falling ill with paralytic poliomyelitis — otherwise known as polio, a disease that attacks the central nervous system and often leaves its victims partially or fully paralyzed.

"As kids, we were all afraid of getting polio," he says, "because if you got polio, you could end up in the dreaded iron lung and we were all terrified of those." Iron lungs were respirators that enclosed most of a person's body; people with severe cases often would end up in these respirators as they fought for their lives.

John remembers going to see matinee showings of cowboy movies on Saturdays and, before the movie, shorts would run. "Usually they showed the news," he says, "but I just remember seeing this one clip warning us about polio and it just showed all these kids in iron lungs." If kids survived the iron lung, they'd often come back to school on crutches, in leg braces, or in wheelchairs.

"We all tried to be really careful in the summer — or, as we called it back then, 'polio season,''" John says. This was because every year around Memorial Day, major outbreaks would begin to emerge and they'd spike sometime around August. People weren't really sure how the disease spread at the time, but many believed it traveled through the water. There was no cure — and every child was susceptible to getting sick with it.

"We couldn't swim in hot weather," he remembers, "and the municipal outdoor pool would close down in August."

Then, in 1954 clinical trials began for Dr. Jonas Salk's vaccine against polio and within a year, his vaccine was announced safe. "I got that vaccine at school," John says. Within two years, U.S. polio cases had dropped 85-95 percent — even before a second vaccine was developed by Dr. Albert Sabin in the 1960s. "I remember how much better things got after the vaccines came out. They changed everything," John says.

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via The BC Cancer Foundation

Testicular cancer typically affects men between the ages of 16 and 44 and is the most common solid tumor to occur in men of this age group. These tumors grow rapidly and can double in size in just 10 to 30 days.

The disease is potentially fatal if not discovered early and accounts for about 11%-13% of all cancer deaths of men between the ages of 15-35. An estimated 9,60 people were diagnosed with testicular cancer in 2020, resulting in around 440 deaths.

So it's incredibly important for people with testicles to check themselves regularly.

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2020 was difficult (to say the least). The year was full of life changes, losses, and lessons as we learned to navigate the "new normal." You may have questions about what the changes and challenges of 2020 mean for your taxes. That's where TurboTax Live comes in, making it easy to connect with real tax experts to help with your taxes – or even do them for you, start to finish.

Not only has TurboTax Live helped millions of people get their taxes done right, but this year they've also celebrated people who uplifted their communities during a difficult time by surprising them with "little lifts" to help out even more.

Here are a few of their stories:


Julz, hairdresser and salon owner

"As a hairdresser and salon owner, 2020 was extremely challenging," says Julz. "Being a hairdresser has historically been a recession-proof industry, but we've never faced global shut down due to health risk, or pandemic, not in my lifetime. And for the first time, hairdressers didn't have job security."

Julz had to shut down her salon and go on unemployment benefits for the first time. She also had to figure out how she was going to support herself, her staff and her business during this difficult time. But many other beauty industry professionals didn't have access to the resources they needed, so Julz decided to help.

"My business partner and I began teaching basic financial literacy to other beauty industry professionals," she says. "Transitioning our business from behind the chair to an online academy was a challenge we tackled head-on so that we could move hairdressers into this new space of education, and create a more accessible curriculum to better serve our industry.

Julz connected with a TurboTax Live expert who helped her understand how unemployment affected her taxes and gave her guidance on filing quarterly estimated taxes for her small business. "I was terrified to sit at a computer and tackle this mess of receipts," Julz says, so "it was great to have some virtual handholding to walk me through each question."

In addition to giving Julz the personalized tax advice she needed, TurboTax Live surprised her with a "little lift" that empowered her to help even more beauty professionals. "When my tax expert Diana surprised me with a little lift, I was moved to tears," says Julz. "With that little lift, I was able to establish a scholarship fund to help get other hairdressers the education they deserve."


Alana, new mom

Alana welcomed her first child in 2020. "I think my biggest challenge was figuring out how to be a mom, with no guidance," she says. "My original plan was to have my mom by my side, teaching me the ropes, but because of COVID, she wasn't able to come out here."

She was also without a job for most of 2020 and struggled to find something new.

So, Alana took it as a sign: she decided to launch her own business so she could support her new baby, and that's exactly what she did. She started a feel-good company that specializes in creating affirmation card decks — and she's currently in the process of starting a second, video-editing business.

TurboTax Live answered Alana's questions about her taxes and gave her some much-needed advice as she prepared to launch her businesses. Thanks to their "little lift," they provided her with a little emotional support too.

"I got my mom a plane ticket to finally [have her] meet [my daughter] for her first birthday," Alana says. "I was also able to get a new computer," which helped her invest in her new business and work on her video editing skills. "It's helped my family and me so much," she says.


Michael, science teacher

When schools shut down across the country last year, Michael had to learn how to adapt to a virtual classroom.

"As a teacher, I had to completely revamp everything," he says, so that he could keep his students engaged while teaching online. "At the beginning, it was a nightmare because I had no idea. I had to go from A-Z within a couple of weeks."

Michael's TurboTax Live expert answered his questions about how working from home affected his taxes and helped him uncover surprising tax deductions. To top it all off, his expert surprised him with brand new science equipment and supplies, which allowed him to create an entire line of classes on YouTube, TikTok, Instagram, and Facebook. "Now I can truly potentially reach millions of children with my lessons," he says. "I would never have taken that leap if not for the little lift from TurboTax Live."



Ricky, motivational youth speaker

As a motivational speaker, Ricky was used to doing his job in person, but, he says, "when COVID-19 hit, it altered my ability to travel and visit schools in person [because] schools moved to fully virtual or hybrid models."

He knew he had to pivot — so he began offering small virtual group workshops for student leadership groups at middle and high schools.

"This allowed me to work with student leaders to plan how they would continue making a positive impact on their school community," he says. He wasn't sure how being remote would affect his taxes, but TurboTax Live Self-Employed gave him the advice and answers that he needed to keep more money in his pocket at tax time — and the little lift he received from them has helped him serve even more students.

"[It] has been a major blessing," he says "There will be multiple schools and student groups from across the country that I can hold leadership workshops with to empower them with the tools to be inspirational leaders in their school, community, and world."

Plus, he says, it was great knowing he had an expert to help him figure out how being remote affected his taxes. "I felt confident and assured in the process of filing my taxes knowing I had an expert working with me, says Ricky. "There were things my expert knew that I would not have considered when filing on my own."

Filing your taxes doesn't have to be intimidating, especially after a year like 2020. TurboTax Live experts can give you the "little lift" you need to get your taxes done. File with the help of an expert or let an expert file for you! Go to TurboTax Live to get started.