Supreme Court Set to Rule in Favor of Straight Woman in Discrimination Case

 

The Supreme Court heard arguments Wednesday in an employment discrimination case brought by a straight woman who was twice passed over for positions in favor of gay colleagues. The case follows the court’s 2023 decision to strike down race-conscious college admissions and comes amid the Trump administration’s push to dismantle diversity-focused policies.

While some conservative groups had hoped for a broad ruling on workplace diversity initiatives, the justices appeared poised to issue a narrow decision, affirming that anti-discrimination laws apply equally to all employees.

Justice Neil M. Gorsuch noted the unusual agreement among justices and lawyers from both sides, acknowledging that the lower appeals court erred by imposing stricter requirements on majority-group plaintiffs proving workplace discrimination. Justice Brett M. Kavanaugh suggested the ruling could be short and unanimous, simply stating that discrimination based on sexual orientation—whether against gay or straight individuals—is prohibited under federal law.

Background on the Case

The plaintiff, Marlean A. Ames, worked for the Ohio Department of Youth Services for over a decade, overseeing a prison rape prevention program. In 2019, she applied for a promotion but was denied. The position was given to a gay woman with less experience and no college degree.

Shortly after, Ames was removed from her role due to alleged leadership concerns and offered a lower-paying demoted position. Her replacement was a gay man with less seniority.

Ames sued under Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination in employment. In 2020, the Supreme Court ruled that discrimination based on sexual orientation qualifies as sex discrimination under the law. However, some lower courts have placed an extra burden on plaintiffs from majority groups, requiring them to prove “background circumstances” that suggest the employer discriminates against them.

Legal Arguments and Supreme Court Response

The Sixth Circuit Court of Appeals upheld the dismissal of Ames’s case, arguing that she failed to meet this extra burden—either by proving her employer had a history of discriminating against straight people or by providing statistical evidence. The court also ruled that Ames forfeited an argument by raising it too late in the appeal process.

While conservative legal groups backed Ames’s case, the Biden administration also supported her claim, filing a brief in her favor.

With broad bipartisan agreement, the Supreme Court is expected to rule that all workers—regardless of sexual orientation—should be held to the same legal standards when proving workplace discrimination.