Richard Primus | Politico | December 18, 2015
What’s the next frontier in discrimination law? For more than 40 years it’s been illegal across the country to discriminate on the basis of race and sex—and for almost as long, advocates have been trying to add one more category: sexual orientation.
Congress has consistently balked at adding protections for gays and lesbians, and the Supreme Court has never officially moved from its longstanding position that it’s acceptable to discriminate on the basis of sexual orientation so long as the government shows a “rational basis” for its actions. (This year’s same-sex marriage decision was narrowly a ruling on people’s right to marry, not about discrimination per se.)
But two basketball players at Pepperdine, and a court in California, have just changed the rules.