The Trump Administration asked the Supreme Court to rule that federal law allows private companies to dismiss workers on the basis of sexual orientation, BuzzFeed News reports. In an amicus brief filed Friday, the Justice Department made the argument that Title VII of the Civil Rights Act of 1964—which bans discrimination “because of sex”—should not be read to protect gay, lesbian, and bisexual employees because that was not the law’s intent. “Title VII’s prohibition on discrimination because of sex does not bar discrimination because of sexual orientation,” the brief read. “The ordinary meaning of ‘sex’ is biologically male or female; it does not include sexual orientation… Discrimination on the basis of sexual orientation, standing alone, does not satisfy that standard.” The brief went on to argue that to interpret the law in any other way besides gender discrimination was effectively rewriting it, which the courts do not have the power to do. This brief follows another Justice Department brief filed earlier this month that argued in favor of employers having the power to fire transgender individuals. The Supreme Court will hear oral arguments on the Title VII cases on Oct. 8.
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