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.

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Shopping sustainably is increasingly important given the severity of the climate crisis, but sometimes it's hard to know where to turn. Thankfully, Amazon is making it a little easier to browse thousands of products that have one or more of 19 sustainability certifications that help preserve the natural world.

The online retailer recently announced Climate Pledge Friendly, a program to make it easier for customers to discover and shop for more sustainable products. To determine the sustainability of a product, the program partnered with third-party certifications, including governmental agencies, nonprofits, and independent labs.

With a selection of items spanning grocery, household, fashion, beauty, and personal electronics, you'll be able to shop more sustainably not just for the holiday season, but throughout the year for your essentials, as well.

You can browse all of the Climate Pledge Friendly products here, labeled with an icon and which certification(s) they meet. To get you on your way to shopping more sustainably, we've rounded up eight of our favorite Climate Pledge Friendly-products that will make great gifts all year long.

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Jack Wolfskin Women's North York Coat

Give the gift of warmth and style with this coat, available in a variety of colors. Sustainability is built into all Jack Wolfskin products and each item comes with a code that lets you trace back to its origins and understand how it was made.

Bluesign: Bluesign products are responsibly manufactured by using safer chemicals and fewer resources, including less energy, in production.


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Amazon All-new Echo Dot (4th Gen)

For the tech-obsessed. This Alexa smart speaker, which comes in a sleek, compact design, lets you voice control your entertainment and your smart home as well as connect with others.

Reducing CO2: Products with this certification reduce their carbon footprint year after year. Certified by the Carbon Trust.


Amazon

Burt's Bees Family Jammies Matching Holiday Organic Cotton Pajamas

Get into the holiday spirit with these fun matching PJs for the whole family. Perfect for pictures that even Fido can get in on.

Global Organic Textile Standard: This certifies each step of the organic textile supply chain against strict ecological and social standards. Each product with this certification contains 95%-100% organic content.

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Naturistick 5-Pack Lip Balm Gift Set

With 100% natural ingredients that are gentle on ultra-sensitive lips, this gift is a great gift for the whole family.

Compact by Design (Certified by Amazon): Products with this certification are packaged without excess air and water, which reduces the carbon footprint of shipping and packaging.


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Arus Women's GOTS Certified Organic Cotton Hooded Full Length Turkish Bathrobe

For those who love to lounge around, this full-length organic cotton bathrobe is the way to go. Available in five different colors, it has comfortable cuffed sleeves, a hood, pockets, and adjustable belt.

Global Organic Textile Standard: This certifies each step of the organic textile supply chain against strict ecological and social standards. Each product with this certification contains 95%-100% organic content.

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L'Occitane Extra-Gentle Vegetable Based Soap

This luxe soap, made with moisturizing shea butter and scented with verbena, is perfect for the self-care obsessed.

Compact by Design (Certified by Amazon): Products with this certification are packaged without excess air and water, which reduces the carbon footprint of shipping and packaging.

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Goodthreads Men's Sweater-Knit Fleece Long-Sleeve Bomber

For the fashionable men in your life, this fashion-forward knit bomber is an excellent choice. The sweater material keeps it cozy and warm, while the bomber jacket-cut, zip front, and rib-trim neck make it look elevated.

Recycled Claim Standard 100: Products with this certification use materials made from at least 95% recycled content.

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All-new Fire TV Stick with Alexa Voice Remote

Make it even easier to access your favorite movies and shows this holiday season. The new Fire TV Stick lets you use your voice to search across apps. Plus it controls the power and volume on your TV, so you'll never need to leave the couch! Except for snacks.

Reducing CO2: Products with this certification reduce their carbon footprint year after year. Certified by the Carbon Trust.

Even as millions of Americans celebrated the inauguration of President Joe Biden this week, the nation also mourned the fact that, for the first time in modern history, the United States did not have a peaceful transition of power.

With the violent attack on the U.S. Capitol on January 6, when pro-Trump insurrectionists attempted to stop the constitutional process of counting electoral votes and where terrorists threatened to kill lawmakers and the vice president for not keeping Trump in power, our long and proud tradition was broken. And although presidential power was ultimately transferred without incident on January 20, the presence of 20,000 National Guard troops around the Capitol reminded us of the threat that still lingers.

First Lady Jill Biden showed up today with cookies in hand for a group of National Guard troops at the Capitol to thank them for keeping her family safe. The homemade chocolate chip cookies were a small token of appreciation, but one that came from the heart of a mother whose son had served as well.

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If the past year has taught us nothing else, it's that sending love out into the world through selfless acts of kindness can have a positive ripple effect on people and communities. People all over the United States seemed to have gotten the message — 71% of those surveyed by the World Giving Index helped a stranger in need in 2020. A nonprofit survey found 90% helped others by running errands, calling, texting and sending care packages. Many people needed a boost last year in one way or another and obliging good neighbors heeded the call over and over again — and continue to make a positive impact through their actions in this new year.

Upworthy and P&G Good Everyday wanted to help keep kindness going strong, so they partnered up to create the Lead with Love Fund. The fund awards do-gooders in communities around the country with grants to help them continue on with their unique missions. Hundreds of nominations came pouring in and five winners were selected based on three criteria: the impact of action, uniqueness, and "Upworthy-ness" of their story.

Here's a look at the five winners:

Edith Ornelas, co-creator of Mariposas Collective in Memphis, Tenn.

Edith Ornelas has a deep-rooted connection to the asylum-seeking immigrant families she brings food and supplies to families in Memphis, Tenn. She was born in Jalisco, Mexico, and immigrated to the United States when she was 7 years old with her parents and sister. Edith grew up in Chicago, then moved to Memphis in 2016, where she quickly realized how few community programs existed for immigrants. Two years later, she helped create Mariposas Collective, which initially aimed to help families who had just been released from detention centers and were seeking asylum. The collective started out small but has since grown to approximately 400 volunteers.