Law Commons^™

Bostock’S Paradox: Intersections In Lgbtq Employment Rights And Private, Religious Businesses, Christopher Smith

Brigham Young University Prelaw Review

Thanks to the recent opinion of Bostock v. Clayton County by the United States Supreme Court regarding the protection of LGBTQ employees in the workplace, discussion has turned to how this protection relates to religious employers. Religious organizations such as churches and mosques are afforded protections thanks to an exemption found in Title VII of the 1964 Civil Rights Act. The role and scope of these protections in regards to private, religious (but not religion-owned) businesses has been debated as recently as 2014 in the Supreme Court. In this paper I address this issue and determine that, underneath current ruling …