The U.S. Supreme Court on Wednesday seemed poised to side with a straight woman who sued her employer claiming she was discriminated against because of her sexual orientation.
Marlean Ames, a former program administrator for the Ohio Department of Youth Services, claims she was denied a lucrative promotion because she’s heterosexual and says the job was ultimately offered to a gay woman. She also alleges she was later demoted and replaced by a gay man.
Ames filed a lawsuit in Ohio federal court, arguing she’d been the victim of discrimination. However, a judge dismissed the suit, saying Ames hadn’t demonstrated “background circumstances” to support her claims and failed to prove that her employer showed illegal bias against “majority” groups.
After an appeals court similarly ruled against Ames, the so-called “reverse discrimination case” made its way to the nation’s highest court.
On Wednesday, the justices heard arguments in Ames’ appeal and appeared open to overturning the federal appeals court ruling, which required Ames to meet a higher bar for her case to move forward.
According to legal expert Amy Howe, a “solid majority (if not all) of the justices appeared ready to overturn” the ruling, an outcome that could make it easier for white and heterosexual employees to sue for discrimination under federal law.
“Discrimination on the basis of sexual orientation, whether you are gay or straight, is prohibited,” Justice Brett Kavanaugh said. “The rules are the same whichever way it goes.”
Ohio Solicitor General T. Elliot Gaiser, representing the Ohio Department of Youth Services, told the justices that those involved in passing Ames over for a promotion and later demoting her were also straight. But he also noted that “everyone here agrees that everyone should be treated equally.”
“We’re in radical agreement on that today,” Justice Neil Gorsuch responded.
A decision is expected later this year.