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Dominic Holden @dominicholden
, 7 tweets, 2 min read Read on Twitter
JUST IN — Justice Dept. just told Supreme Court that transgender workers aren’t protected by Title VII, which bans sex discrimination.

But in a twist, DOJ says court *shouldn’t* hear a major trans case till after it rules in 2 gay rights cases. 1/
Gay cases are Zarda (CA2) and Bostock (CA11). Both argue Title VII bans discrimination on basis of sexual orientation.
The trans woman won at CA6. But DOJ says that if SCOTUS does want to consider her appeal, it should wait until after ruling in Bostock and Zarda.

Here's the DOJ brief:…
In other words, DOJ is essentially saying SCOTUS should punt here and let a trans victory under Title VII stand if they don't take up Zarda and Bostock.
To be clear: DOJ still holds anti-trans views — a DOJ memo from last fall said Title VII doesn’t cover gender identity, a view reinforced today.

But DOJ seems to believe it has a better shot at helping defeat the gay rights cases.
Yet this raises an important question — If DOJ is so confident that sex discrimintion laws don’t cover gender identity, then why not encourage SCOTUS to hear this trans case now?
Trump admin has been bullishly anti-transgender, advancing limited view of sex discrimination, including under Title IX, and possibly in regulations. But DOJ seems to question whether it can actually win in court yet.
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