Analysis

Post-Kennedy Court Likely To Take Narrow View Of Title VII

By Braden Campbell (June 28, 2018, 10:31 PM EDT) -- A circuit split on whether Title VII's ban on workplace sex discrimination includes bias based on sexual orientation had civil rights advocates hoping the U.S. Supreme Court would declare that federal law protects gay workers, but Justice Anthony Kennedy's retirement means that's a long shot, experts say.

Justice Kennedy's reputation as a swing voter derived largely from his siding with the high court's liberal wing on gay rights, most notably casting the deciding vote and authoring the opinion in Obergefell v. Hodges, which made same-sex marriage legal nationwide.

But attorneys say his successor may be more willing to toe the conservative...

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