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CHARLESTON -- The U.S. Supreme Court, in a landmark decision Monday, ruled that employers cannot discriminate against their employees based on their sexual orientation, a ruling praised by long-time advocates, who say more needs to be done.
In a 6-3 ruling penned by Justice Neil Gorsuch, the court said Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to refuse to hire someone, fire someone, or segregate someone based on a person's sexual orientation.
"Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII," Gorsuch wrote for the majority. "When an employer fires an employee for being homosexual or transgender, it necessarily intentionally discriminates against that individual in part because of sex."
In Monday's ruling, Gorsuch and Chief Justice John Roberts -- both appointed by Republicans -- were joined by liberal justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elana Kagan. Conservative justices Brett Kavanaugh, Samuel Alito, Jt., and Clarence Thomas penned dissents to the ruling by the majority.
The ruling was quickly praised by Fairness West Virginia, which advocates for LGBTQ rights in the state. Andrew Schneider, executive director for Fairness West Virginia, called Monday's ruling a "huge win."
"This decision means that, all across the United States, employers cannot fire or refuse to hire someone because of who they are or who they love," Schneider said. "This decision was about real people. It's about hardworking West Virginians just trying to earn a living to support themselves and the ones they love. It's a fight to ensure we're evaluated by employers based on our performance and the skills we bring to the job – nothing more, nothing less."
Jeff Kessler – the former Democratic Senate President who represented parts of Ohio, Marshall, Wetzel, and Monongalia counties for 20 years – has been a long-time advocate for employment and housing non-discrimination, introducing several bills over his tenure. Speaking by phone Monday, Kessler said he was pleased by the decision.
"I'm thrilled to see that the Supreme Court is acknowledging that discrimination of any kind is not permitted," Kessler said. "I would hope that it would serve as a catalyst to folks in Charleston now to follow suit."
Del. Cody Thompson, D-Randolph, is a public school teacher and a gay man. Thompson has joined several efforts by Democrats, and some Republicans, in the House to introduce employment and housing non-discrimination bills. Each time, the bills get jammed up in committee and efforts to discharge the bills to the House floor get tabled by a majority of House Republicans. Speaking by phone, Thompson said he was overwhelmed Monday morning with joy for the decision.
"This has been a long time coming," Thompson said. "For far too long we've had people who have been fired and terminated and have had to shield from their employers their love life and whom they love. That's something I'm glad to see is going to be changed."
The most recent version of the employment and housing non-discrimination act, called the Fairness Act, was unveiled last December. Despite having Senate President Mitch Carmichael, R-Jackson, on a panel to discuss the legislation, efforts to have the bill taken up by the state Senate failed. The Senate version of the bill – which included Senate Majority Whip Ryan Weld, R-Brooke, as the lead sponsor – was never taken up.
While the ruling was viewed as good news, it deals only with employment. Housing non-discrimination would still be allowed based on sexual orientation and gender identity. West Virginia is one of 29 states that have no laws protecting members of the LGBTQ community from employment and housing discrimination. Thompson and Schneider said they plan to keep pushing for bills to ban housing discrimination and for adding LGBTQ protections to West Virginia's existing hate crime laws.
"Our work is not over," Schneider said. "Our country still has so much work left to do to dismantle systems of oppression against our community. This decision doesn't address discrimination in housing or public spaces. Now that the highest court in the land ruled in support of non-discrimination protections for LGBTQ people, state lawmakers right here in West Virginia need to do the same and pass the Fairness Act. Our fight is far from over."
"There are still further steps we have to take when it comes to equality," Thompson said. "Housing is definitely important, but also hate crime legislation is definitely important...unfortunately we have seen cases in West Virginia where individuals have been assaulted specifically based on their sexual orientation or gender identity. Unfortunately, they're not charged with hate crimes."
Kessler said that until the state steps up and deals with issues of discrimination against the LGBTQ community, West Virginia will continue to be viewed as backward and people will continue to leave the state.
"Hopefully, the West Virginia Legislature will finally pass, and the governor will sign, legislation to prohibit discrimination in house and employment at the state level," Kessler said. "If one of the most conservative Supreme Courts that we've probably had in my lifetime rules 6-3 that it's unlawful to do it at the federal level, then surely the state would recognize that and move forward at the state level."