The Supreme Court agreed Friday to consider a woman’s claim that she was demoted because she is heterosexual.
Marlene Ames started working for the Ohio Department of Youth Services in 2004. sued In 2020, the Office of Sex Discrimination claimed she was denied a promotion and later demoted because she was a “heterosexual woman”. According to in the court record
Ames filed the lawsuit under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in the workplace. judges agreed This is to consider whether higher standards should be held for members of the “majority” who make such claims.
6th Circuit rejected Ames’ lawsuit in December 2023 found that she had not proven the “background circumstances” required of a “majority” member. (Related: Supreme Court to feature next case on child sex reassignment ban, guns, pornography)
WASHINGTON DC – JUNE 26: Same-sex marriage supporter Vin Testa in Washington DC holds the LGBTQIA pride flag in front of the U.S. Supreme Court building while posing for a photo with his friend Donte Gonzalez to celebrate the United States National Day. Shake. v. Windsor and Obergefell v. Hodges decisions to be held in Washington, DC on June 26, 2023. (Photo by Anna Moneymaker/Getty Images)
Justice Raymond Kethledge, a George W. Bush appointee, wrote in a concurring opinion that he disagreed with the rules the court was forced to apply.
“Thus, of course, this law prohibits discrimination against ‘any individual’ on the grounds specified therein,” he wrote. “However, this and other courts have interpreted this same provision to impose different burdens on different plaintiffs based on their membership in different demographic groups.”
“No one disputes that Ames established the other elements of a prima facie case. If Ames were gay, that would be sufficient to establish the case,” Kethledge said.
“[T]Twice in one year, the department promoted a gay employee who was arguably less qualified, working against Ames. “And in promoting one of its employees, Yolanda Frierson, the department circumvented its own internal procedures because Frierson did not have the minimum qualifications for the job,” he wrote.
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