Can a word change the world? Considerazioni a partire dalla sentenza Bostock v. Clayton County della Corte Suprema degli Stati Uniti

Can a word change the world? Remarks from the Bostock v. Clayton County judgment of the Supreme Court of the United States

Abstract

The paper will deal with the Supreme Court of the United States judgment in Bostock v. Clayton County, which held that discrimination based on sexual orientation cannot be severed from discrimination “because of (biological) sex”. It will then consider the opinion of the Court and the dissenting opinions filed, looking at the judicial philosophy of textualism and originalism both in the Supreme Court interpretation and in some opinions of Justice Gorsuch (who delivered the Court’s opinion in Bostock). Finally, attention will be paid to discriminations because of sexual orientation and the way the Supreme Court should consider them in order to protect social minorities.