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 Mark Storhaug & Kaiya Bates

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The experiences we have at school tend to stay with us throughout our lives. It's an impactful time where small acts of kindness, encouragement, and inspiration go a long way.

Schools, classrooms, and teachers that are welcoming and inclusive support students' development and help set them up for a positive and engaging path in life.

Here are three of our favorite everyday actions that are spreading kindness on campus in a big way:

Image courtesy of Mark Storhaug

1. Pickleball to Get Fifth Graders Moving

Mark Storhaug is a 5th grade teacher at Kingsley Elementary in Los Angeles, who wants to use pickleball to get his students "moving on the playground again after 15 months of being Zombies learning at home."

Pickleball is a paddle ball sport that mixes elements of badminton, table tennis, and tennis, where two or four players use solid paddles to hit a perforated plastic ball over a net. It's as simple as that.

Kingsley Elementary is in a low-income neighborhood where outdoor spaces where kids can move around are minimal. Mark's goal is to get two or three pickleball courts set up in the schoolyard and have kids join in on what's quickly becoming a national craze. Mark hopes that pickleball will promote movement and teamwork for all his students. He aims to take advantage of the 20-minute physical education time allotted each day to introduce the game to his students.

Help Mark get his students outside, exercising, learning to cooperate, and having fun by donating to his GoFundMe.

Image courtesy of Kaiya Bates

2. Staying C.A.L.M: Regulation Kits for Kids

According to the WHO around 280 million people worldwide suffer from depression. In the US, 1 in 5 adults experience mental illness and 1 in 20 experience severe mental illness, according to the National Alliance on Mental Illness.

Kaiya Bates, who was recently crowned Miss Tri-Cities Outstanding Teen for 2022, is one of those people, and has endured severe anxiety, depression, and selective mutism for most of her life.

Through her GoFundMe, Kaiya aims to use her "knowledge to inspire and help others through their mental health journey and to spread positive and factual awareness."

She's put together regulation kits (that she's used herself) for teachers to use with students who are experiencing stress and anxiety. Each "CALM-ing" kit includes a two-minute timer, fidget toolboxes, storage crates, breathing spheres, art supplies and more.

Kaiya's GoFundMe goal is to send a kit to every teacher in every school in the Pasco School District in Washington where she lives.

To help Kaiya achieve her goal, visit Staying C.A.L.M: Regulation Kits for Kids.

Image courtesy of Julie Tarman

3. Library for a high school heritage Spanish class

Julie Tarman is a high school Spanish teacher in Sacramento, California, who hopes to raise enough money to create a Spanish language class library.

The school is in a low-income area, and although her students come from Spanish-speaking homes, they need help building their fluency, confidence, and vocabulary through reading Spanish language books that will actually interest them.

Julie believes that creating a library that affirms her students' cultural heritage will allow them to discover the joy of reading, learn new things about the world, and be supported in their academic futures.

To support Julie's GoFundMe, visit Library for a high school heritage Spanish class.

Do YOU have an idea for a fundraiser that could make a difference? Upworthy and GoFundMe are celebrating ideas that make the world a better, kinder place. Visit upworthy.com/kindness to join the largest collaboration for human kindness in history and start your own GoFundMe.

The Schmidt family's Halloween photoshoot has become an annual tradition.

Two of Patti Schmidt's three sons were already well into adulthood when her daughter Avery was born, and the third wasn't far behind them. Avery, now 5, has never had the pleasure of close-in-age sibling squabbles or gigglefests, since Larry, Patrick, and Gavin are 28, 26, and 22, respectively—but that doesn't mean they don't bond as a family.

According to People.com, Patti calls her sons home to Point Pleasant, New Jersey, every fall for a special Halloween photoshoot with Avery. And the results are nothing short of epic.

The Schmidt family started the tradition in 2017 with the boys dressing as the tinman, the scarecrow, and the cowardly lion from "The Wizard of Oz." Avery, just a toddler at the time, was dressed as Dorothy, complete with adorable little ruby slippers.

The following year, the boys were Luke Skywalker, Han Solo, and Chewbacca, and Avery was (of course) Princess Leia.

In 2019, they did a "Game of Thrones" theme. ("My husband and I were binge-watching (Game of Thrones), and I thought the boys as dragons would be so funny," Schmidt told TODAY.)

In 2020, they went as Princess Buttercup, Westley, Inigo Montoya, and Fezzik from "The Princess Bride."

Patti shared a video montage of each year's costume shoot—with accompanying soundtracks—on Instagram and TikTok. Watch:

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When a pet is admitted to a shelter it can be a traumatizing experience. Many are afraid of their new surroundings and are far from comfortable showing off their unique personalities. The problem is that's when many of them have their photos taken to appear in online searches.

Chewy, the pet retailer who has dedicated themselves to supporting shelters and rescues throughout the country, recognized the important work of a couple in Tampa, FL who have been taking professional photos of shelter pets to help get them adopted.

"If it's a photo of a scared animal, most people, subconsciously or even consciously, are going to skip over it," pet photographer Adam Goldberg says. "They can't visualize that dog in their home."

Adam realized the importance of quality shelter photos while working as a social media specialist for the Humane Society of Broward County in Fort Lauderdale, Florida.

"The photos were taken top-down so you couldn't see the size of the pet, and the flash would create these red eyes," he recalls. "Sometimes [volunteers] would shoot the photos through the chain-link fences."

That's why Adam and his wife, Mary, have spent much of their free time over the past five years photographing over 1,200 shelter animals to show off their unique personalities to potential adoptive families. The Goldbergs' wonderful work was recently profiled by Chewy in the video above entitled, "A Day in the Life of a Shelter Pet Photographer."