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30 Tul. J.L. & Sexuality 53 (2021)
Now Something for the Glass Half-Empty Crowd: Bostock v. Clayton County, Georgia Explained

handle is hein.journals/lsex30 and id is 61 raw text is: ARTICLES Now Something for the Glass Half-Empty Crowd: Bostock v. Clayton County, Georgia Explained Pamela S. Katz* I. INTRODUCTION ....................................................................................53 II. DEFINITION OF TERMS.........................................................................55 III. THE DECISION IN BOSTOCK CREATED SOME LASTING PROBLEMS FOR EQUALITY JURISPRUDENCE .......................................61 A. Conflating and Confusing Gender Identity and Sexual Orientation........................................................... 62 B. Undermining Efforts to Advance Understanding and Recognition of Gender Identity in All Its Complexity ........66 C. Widening the Frame and Losing Focus..............................72 D. Balancing Civil Rights Protections for Communities ........76 E. Reinforcing Gender Stereotypes.................................... 81 IV. ALTERNATIVES....................................................................................85 V . C ON CLU SION .......................................................................................88 I. INTRODUCTION The Supreme Court's decision in Bostock v. Clayton County' has been celebrated across the country by civil rights advocates,2 providing a good result for the discriminated-against litigants and probably many others who suffer from unequal treatment due to their status. But, the way the case was argued and its majority opinion will create new and lasting problems, mostly for transgender individuals. The timing of the case, arriving at the Court with conservatives in the majority, was ominous. Additionally, the Court's early decision to * © 2021 Pamela S. Katz, J.D., Professor Emeritus, Russell Sage College, Troy, NY. 1. 140 S. Ct. 1731 (2020). 2. Adam Liptak, Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules, N.Y. TIMES (June 15, 2020), http://www.nytimes.com/2020/06/15/us/gay- transgender-workers-supreme-court.html. 53

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