Two decisions this month by the Supreme Court offer a workable compromise in the bitter conflict between LGBT rights and religious liberty. It decided in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects lesbian, gay, bisexual and transgender people from job discrimination. It also decided in Our Lady of Guadalupe School v. Morrissey-Berru that anti-discrimination laws cannot limit religious schools’ ability to choose teachers of religious subjects.
The court, in short, is working toward a regime with broad anti-discrimination protection, which however does not apply to religious groups within their own enclaves. That would be a good solution. Legislatures are, for the most part, too polarized to make that happen. The Supreme Court is performing a useful role.
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