This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to MR. BURSCH, petitioner argues that sex and transgender status are independent concepts and that treating women and men equally does not require treating men as women.
According to General Francisco, gender identity is a broad concept.
According to General Francisco, sex and gender identity are different traits, and Congress treats them separately in anti‑discrimination statutes.
Background and question before the Court
Justice Gorsuch asked whether the result would be the same if the firing were solely based on the employer’s dress code.
Justice Ginsburg asked, “That that would be okay?”
What each side argues
Petitioner (R.G. & G.R. Harris Funeral Homes, Inc.)
According to MR. BURSCH, treating women and men equally does not require treating men as women because sex and transgender status are independent concepts.
Respondent (Equal Employment Opportunity Commission)
According to Respondent Aimee Stephens, according to Mr. Cole, Aimee Stephens, a transgender woman, was fired after announcing her gender identity, which constitutes sex discrimination.
According to Mr. Cole, the Sixth Circuit said the reasons for firing extended beyond the dress code, and Harris Homes conceded that she would have been fired even if she complied with the dress code.
According to Mr. Cole, recognizing transgender people’s right to exist in the workplace does not end dress codes or restrooms.
According to General Francisco, gender identity is a broad concept.
According to General Francisco, sex and gender identity are different traits, and Congress lists them separately in anti‑discrimination statutes.
According to General Francisco, the difference between a transgender man and a cisgender man is that one identifies with his biological sex and the other with the opposite, a meaningful distinction not based on stereotypes.
According to General Francisco, transgender men and cisgender men are not similarly situated because they do not share the same trait.
- [1] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 4
- [2] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 24
- [3] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 25
- [4] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 46
- [5] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 47
- [6] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 48
- [7] b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdf, p. 50
What happened at oral argument
Justice Gorsuch asked whether the result would be the same if the firing were solely based on the employer’s dress code.
Justice Ginsburg asked, “That that would be okay?”
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- b18371f6bee3de2a164a-r1-cf1a12f36de8976e.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.