Religious Carveout Push at Fifth Circuit Threatens Bostock‘s Scope

The Justice Department and for-profit Christian businesses will spar over whether a district judge correctly exempted faith-based employers from anti-LGBT discrimination obligations enshrined in a recent landmark US Supreme Court ruling.

A three-judge panel of the US Court of Appeals for the Fifth Circuit is slated to hear oral arguments Tuesday in a case seeking to blunt the reach of the Supreme Court’s 2020 decision in Bostock v. Clayton County, which said LGBT workers can sue their employers under Title VII of the 1964 Civil Rights Act for bias based on gender identity and sexual orientation.

The case gives ...