SCOTUS rules for woman who fought antiheterosexual bias

The Supreme Court on Thursday sided unanimously with an Ohio woman who claimed her government employer discriminated against her because she identifies as heterosexual. Ohio’s Department of Youth Services in 2019 passed over the woman, Marlean Ames, for a promotion before demoting her, according to oral arguments the court heard in February. Ames has worked for the department for more than 20 years, according to the Supreme Court’s ruling. Both the position she applied for and the one she was demoted from were given to homosexual employees who had not applied or interviewed for them, her attorneys said at the Supreme Court.

What was the main issue of the lawsuit? Ames sued the department, claiming workplace discrimination based on sexual orientation, prohibited by Title VII of the Civil Rights Act of 1964. A trial court and the 6th U.S. Circuit Court of Appeals ruled against her. Both courts applied an evidence rule used by several other appeals courts. They required Ames, as a member of a majority group, to prove additional background circumstances such as the decision to demote her being made by homosexuals.

What did the Supreme Court say in its opinion? The standard for proving discriminatory treatment in employment doesn’t change based on whether the plaintiff is a member of a majority group, the court said. The justices vacated the lower court’s previous ruling and sent Ames’ case back for a new decision.

Dig deeper: Listen to Mary Reichard and Nick Eicher’s breakdown of Ames’ case on Legal Docket.