The complainant, a lesbian teacher, was dismissed by Ivy Tech Community College after kissing her girlfriend. She therefore filed a lawsuit against the school as she rightly felt discriminated.
The Civil Rights Act currently prohibits prejudice in the workplace based on race, religion, national origin or sex. Lawyer for the school indicated to the court that the term "sex" did not refer to sexual orientation. Here is what Judge Richard Posner replied:
"You seem to think the meaning of the statute was frozen on the day it passed…That, of course, is false…Are we bound by what people thought in 1964?"
"Who will be hurt if gays and lesbians have a little more job protection?" he then added.
New York Magazine states that the judges also "indicated they’re ready to expand the 1964 Civil Rights Act to protect the LGBT community — a move that would secure LGBT rights in the workplace and overhaul nondiscrimination law nationwide."
Thus, if the judges of the Seventh Circuit Court of Appeals ruled that the law covers sexual orientation, then the case of this teacher would be immediately sent to the Supreme Court.
Well, judges of the Supreme Court must be replaced by more conservative judges by the Trump administration, but it is important not to stop the fight.