Ruling protects gay and transgender individuals on the job.

SHARI S. COHEN CONTRIBUTING WRITER

Ruling protects gay and transgender individuals on the job

Surprising
Supreme Court
Decision

J

une is Pride Month, and a 
recent Supreme Court deci-
sion provides a special reason 
to celebrate. The American 
Civil Liberties Union (ACLU) 
Michigan website says it all: 
“Landmark victory — SCOTUS 
rules it is illegal to fire someone 
for being LGBTQ.
”
In a 6-3 decision, the Supreme 
Court ruled that Title VII of the 
1964 Civil Rights Act that pro-
hibits discrimination based on 
gender in the workplace applies 
to gay and transgender individu-
als as well. 
Supreme Court Justice Neil 
Gorsuch wrote for the major-
ity: “The answer is clear. An 
employer who fires an individ-
ual for being homosexual or 
transgender fires that person 
for traits or actions it would not 
have questioned in members of 
a different sex. Sex plays a nec-
essary and undisguisable role in 
the decision, exactly what Title 
VII forbids.
”
According to Deborah 
Gordon, a Bloomfield Hills law-
yer who specializes in employ-
ment and civil rights issues, 

“This has been a huge problem 
in the employment area. There 
was no protec-
tion for firing for 
being gay or a 
gender change. 
This is not, in 
fact, a lifestyle 
choice but an 
inherent part of 
who you are. It has nothing to 
do with your ability to do your 
job. As an American, you should 
be protected.
”
Sam Dubin, 28, of Royal 
Oak is a founder 
of NEXTGen 
Pride, a group 
of LGBTQ indi-
viduals affiliated 
with the Jewish 
Federation’
s 
NEXTGen 
Detroit program for younger 
adults. He said this was a “really 
momentous decision. Before you 
could get married on Sunday, 
show up for work on Monday 
and then be fired. This has been 
a state-by-state issue. You could 
be covered in one state but not 
another.
” 

Ron Elkus, 60, a member of 
the local LGBTQ community 
and a Huntington Woods res-
ident, said, “This is absolutely 
amazing for the LGBT com-
munity. It affects 
everyone who is 
LGBT. It’
s bigger 
than marriage 
equality.
”
The ruling 
has a strong 
Michigan con-
nection because one of the three 
plaintiffs was Aimee Stephens, 
a funeral director who was fired 
by a Garden City funeral home 
after announcing that she had 
undergone a gender transition 
and would begin to dress as a 
woman at work. Stephens, who 
died last month of kidney dis-
ease, decided to contest her job 
termination with help from the 
Michigan ACLU in 2013.
Jay Kaplan, 59, an Oak Park 
resident and senior lawyer 
for the LGBT Project of the 
Michigan ACLU, has worked 
closely with Stephens since then. 
“This is bittersweet since Aimee 
passed away on May 12. She 

wanted to help other transgen-
der people and was very ded-
icated to the cause despite her 
health,
” he said.
Kaplan explained that initially 
Stephens filed a civil rights suit 
through the Equal Employment 
Opportunities Commission. 
After a district court ruled in her 
employer’
s favor, she appealed 
and won in the U.S. Court of 
Appeals of the Sixth Circuit. 
That decision was challenged 
by the funeral home, represent-
ed by the Alliance Defending 
Freedom, a conservative non-
profit group. Stephens appealed 
to the Supreme Court with the 
ACLU arguing her case. 
“We were cau-
tiously optimistic 
throughout the 
process. The 
court has become 
more conserva-
tive. We had the 
right arguments 
and a terrific team of lawyers,
” 
Kaplan said.
He points out that only 21 
states have civil rights laws that 
prohibit discrimination against 

20 | JUNE 25 • 2020 

continued on page 24

Deborah Gordon

Jews in the D

INTERFAITH ALLIANCE TWITTER

Sam Dubin

Ron Elkus

Jay Kaplan

ACLU