U.S. Supreme Court spurns environmental challenge to Trump’s border wall

By Jan Wolfe

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday declined to hear a challenge by four environmental groups to the authority of President Donald Trump’s administration to build his promised wall along the border with Mexico.

The justices turned away an appeal by the groups of a federal judge’s ruling that rejected their claims that the administration had unlawfully undertaken border wall projects in Arizona, California, New Mexico and Texas harmful to plant and animal life. The groups had argued that the 1996 law under which the administration is building the wall gave too much power to the executive branch in violation of the U.S. Constitution.

The groups that sued are the Center for Biological Diversity, the Animal Legal Defense Fund, Defenders of Wildlife and the Southwest Environmental Center. They said the wall construction efforts would harm plants, wildlife habitats and endangered species including the jaguar, Mexican gray wolf and bighorn sheep.

The border wall is one of Trump’s signature 2016 campaign promises, part of his hard line policies toward illegal and legal immigration. The Republican president has vowed to build a wall along the entire 2,000-mile (3,200-km) U.S.-Mexico border. He promised that Mexico would pay for it. Mexico has refused.

The 1996 law, aimed at combating illegal immigration, gave the U.S. government authority to build border barriers and preempt legal requirements such as environmental rules. It also limited the kinds of legal challenges that could be brought.

The environmental groups argued that the law was unconstitutional because it gave too much power to the executive branch – in this case the Department of Homeland Security – to get around laws like the Endangered Species Act and the National Environmental Policy Act without congressional input.

Progress toward building the wall has been limited because Congress has not provided the funds Trump has sought, leading him to divert money – with the blessing of the Supreme Court – from the U.S. military and other parts of the federal government.

Trump on June 23 visited a newly built section of the wall along the frontier with Mexico in San Luis, Arizona, autographing a plaque commemorating the 200th mile (320 km) of the project.

(Reporting by Jan Wolfe; Editing by Will Dunham)

New York’s Cuomo says Trump should mandate masks in public to fight virus

(Reuters) – New York Governor Andrew Cuomo said on Monday that President Donald Trump should issue an executive order mandating that people wear masks in public and he should lead by example and cover his face.

“The other states are just starting to do it now, states that were recalcitrant, governors who said ‘we don’t need to do this, masks don’t work,” Cuomo said at a media briefing. “Now they’re doing a 180…let the president have the same sense and do that as an executive order.”

Cuomo once again criticized the federal government’s handling of the coronavirus pandemic, saying the White House has been “in denial” from the start of the public health crisis, and that it was not doing enough to tackle a surge in COVID-19 cases in several U.S. states that has emerged over the past few weeks.

The New York governor, who became one of the leading national voices during the pandemic, said that Trump’s focus on reopening the economy was misguided and that it had backfired.

“Yes, we have to get the economy going but reopening fast was not good for the economy,” Cuomo said. “What has been happening is, when that virus spikes, the market goes down, not up.”

(Reporting by Maria Caspani in New York and Nathan Layne in Wilton, Connecticut; Editing by Chris Reese and Lisa Shumaker)

Israeli campaigners want Jewish ruins included in West Bank annexations

By Rinat Harash

NEAR JERICHO, West Bank (Reuters) – The Israeli government faces calls from campaigners to declare sovereignty over ancient Jewish ruins on land in the occupied West Bank that Israel does not plan to annex under U.S. President Donald Trump’s peace blueprint.

The annexation plan, which the government is due to start discussing as of Wednesday, envisages Israel annexing Jewish settlements and the Jordan Valley – some 30% of the West Bank. Under Trump’s plan, a Palestinian state would be created in the rest of the West Bank, occupied by Israel since a 1967 war.

An Israeli advocacy group called “Safeguarding Eternity” is worried about what will happen to Jewish archaeological sites on parts of the West Bank not included in Trump’s annexation map.

It wants Prime Minister Benjamin Netanyahu’s government to guarantee Israeli control over sites such as the remnants of hilltop Hasmonean and Herodian forts dating back two millennia, and hundreds of ruins from earlier Jewish rule.

“This entire plan – its right, its essence – is the connection of the Jewish people to their land and our heritage,” Eitan Melet, a director of Safeguarding Eternity, said as he stood among a jumble of limestones that were the foundation of the desert fortress of Cypros, overlooking the Palestinian city of Jericho.

“If we don’t take our heritage sites into account, this plan has no right to exist at all.”

The Israeli government has not commented on the campaigners’ demands. The Palestinians reject Trump’s blueprint and Israel’s plan to annex territory they seek for a future state.

PALESTINIAN MINISTRY: SITES ARE PROTECTED

Assaf Avraham, an archaeologist at Israel’s Bar-Ilan University, said he too was worried about the fate of archaeological sites in the West Bank.

“If these areas are not in the hands or under the sovereignty of (authorities) that know how to take care of and maintain archaeological sites, and which have the motivation to do so, we really fear for these places,” he said.

The Palestinian Tourism and Antiquities Ministry dismissed such concerns.

It said in a statement that it is “able to protect and preserve the cultural heritage sites under Palestinian control, as maintenance and restoration work is carried out continuously”.

The Palestinians say Trump’s plan is biased, and most world powers view Israel’s settlements in the West Bank as illegal.

Interim 1993 peace accords granted the Palestinians limited self-rule in West Bank areas, where they agreed to secure Jewish heritage sites for Israeli visits.

(Additional reporting by Mustafa Abu Ganeyeh; Writing by Dan Williams, Editing by Timothy Heritage)

In West Bank, Israeli settler leaders complicate annexation plan

By Dan Williams

ITAMAR, West Bank (Reuters) – Jewish settler leaders who resist the creation of a Palestinian state are complicating Israel’s plans to annex scores of settlements in the occupied West Bank under U.S. President Donald Trump’s peace blueprint.

Prime Minister Benjamin Netanyahu’s cabinet is due next month to discuss the annexation plan, under which Israel would apply sovereignty over 30% of the West Bank – in areas where most of its about 130 settlements are located.

The plan is opposed by the Palestinians, who seek a state in all of the West Bank, as well as in the Gaza Strip, with East Jerusalem as a capital. Most world powers agree.

The plan also faces resistance from settler leaders who oppose Trump’s calls for a future Palestinian state that would envelop at least 15 Jewish settlements – despite U.S. guarantees of protection for, and access to, the future “enclaves”.

“We’re talking about strangling a community,” said Hananel Elkayam, mayor of Itamar settlement, one of the 15 named in the plan.

In misgivings echoed in the other 14, Elkayam predicted residents would be unable to commute to jobs through territory that would be in a new Palestinian state, would by denied construction and would be at greater risk of attack than now.

“I would tell (Trump): Thanks very much for the plan, thanks very much for the great affection for the Jewish people (but) we’ll set our own destiny,” Elkayam said.

KEEPING DOOR TO DIPLOMACY OPEN

U.S. officials will this week discuss whether to give Israel the green light for annexation moves seen by the Palestinians and many other countries as illegal land-grabs.

Israel’s West Bank settlements were built by successive governments on land captured in a 1967 war. More than 400,000 Israelis now live there, with another 200,000 in East Jerusalem, which was also taken in 1967.

A Direct Poll survey last week found 56.8% of settlers support the Trump plan, more than the Israeli average.

Elkayam and other settler leaders say that backing is for annexation – on condition that plans for Palestinian statehood are scrapped.

Israeli and U.S. officials want to be seen as keeping a door open to diplomacy. Where that door might lead worries Yochai Damri, head of a regional council that includes four of the 15 listed settlements.

Damri sees Palestinian statehood becoming more likely if the Republican president is defeated by Democrat Joe Biden in November’s U.S. election, and if, or when, Netanyahu is succeeded by centrist Benny Gantz, the Israeli premier’s partner in a fragile unity government.

The Trump plan says residents of the future enclaves can stay put “unless they choose otherwise”. Damri and other settlers hear in that a hint that they should quit to make way for Palestinian territorial contiguity.

(Editing by Jeffrey Heller and Timothy Heritage)

Divided Koreas mark 70 years since war began, but no treaty in sight

By Josh Smith

SEOUL (Reuters) – Seventy years after the Korean War began, prospects for a peace treaty to officially end the conflict appear as distant as ever, as the two Koreas held low-key commemorations on Thursday amid heightened tension.

The 1950-1953 Korean War ended in an armistice rather than a peace treaty, leaving U.S.-led U.N. forces technically still at war with North Korea.

South Korean leaders in 1953 opposed the idea of a truce that left the peninsula divided and were not signatories to the armistice.

South Korean war veterans gathered to commemorate the anniversary, including one event where U.S. President Donald Trump and other international leaders delivered video messages.

“The war isn’t really over and I don’t think peace will come while I’m still alive,” said 89-year-old veteran Kim Yeong-ho, who attended an event in the South Korean border town of Cheorwon. “The nightmares just keep coming back to me every day.”

North Korea released a 5,500-word report blaming the United States for starting the war, committing atrocities and maintaining decades of hostile policies that left Pyongyang no choice but to pursue nuclear weapons of its own.

As long as the United States clings to a “pathological and inveterate hostile policy” towards North Korea, “we will continue to further build up our strength to contain the persistent nuclear threats from the U.S.”, the Foreign Ministry’s Institute for Disarmament and Peace said in the report, which was carried by state media.

Two years ago, a flurry of diplomacy and summits between North Korean leader Kim Jong Un and the presidents of the United States, South Korea, and China raised hopes that even if the North’s nuclear arsenal was undiminished, the parties might agree to officially end the war.

‘THINK WISELY’

A series of follow-up meetings and working-level talks failed to close the gap, however, and North Korea has taken an increasingly confrontational tone, resuming short-range missile launches, blowing up an inter-Korean liaison office and severing communication hotlines with South Korea.

On Wednesday, North Korea said it had decided to suspend plans for unspecified military action against South Korea, but warned it to “think and behave wisely”.

While South Korea’s military stands ready to counter any threat, Seoul does not wish to force its political or economic systems on the North, South Korean President Moon Jae-in said at an anniversary event.

“We will continuously search for routes that are mutually beneficial for both Koreas through peace,” he said. “Before speaking of unification, I hope that we can become friendly neighbors first.”

Moon oversaw a ceremony in which the U.S. military repatriated the remains of 147 South Korean soldiers who died in the war. The remains were recovered in North Korea in operations dating back to the 1990’s.

Recovering remains of the roughly 5,300 American service members missing in North Korea had been one element of a statement signed by Kim and Trump at a Singapore summit in 2018, but after North Korea handed over the remains of at least 62 Americans, those efforts stalled as tensions rose.

Historians have estimated the war may have caused as many as 1 million military deaths and killed several million civilians. Thousands of families were divided with little contact as the heavily fortified Demilitarized Zone (DMZ) cut the peninsula in two.

Despite misgivings from many in the United States, South Korean officials are pushing more forcefully for an end to the armistice arrangement.

“It is time for Korea to take center stage in maintaining its own peace and security…,” South Korean Vice Foreign Minister Cho Sei-young said on Wednesday.

(Reporting by Josh Smith. Additional reporting by Hyonhee Shin in Seoul, and Chaeyoun Won in Cheorwon.; Editing by Robert Birsel and Nick Macfie)

U.S. defends COVID testing moves in Texas, four other states

(Reuters) – The Trump administration said it was “transitioning” 13 coronavirus testing sites in five states, not cutting them, following an NBC report on Wednesday that funding and support for those sites would end June 30.

NBC said the sites are in Illinois, New Jersey, Colorado and Pennsylvania as well as Texas, which is among several U.S. states where cases of the novel coronavirus have surged.

U.S. Assistant Secretary for Health Admiral Brett Giroir called the report misleading. “We are transitioning 13 sites from the original now antiquated program to the more efficient and effective testing sites,” he said in a statement.

Giroir added that he had spoken to leaders of the five states, noting they had agreed “it was the appropriate time to transition” to other options. He said testing sites that will continue to get federal payments include those at pharmacies and federally qualified health centers.

U.S. Representative Sylvia Garcia, whose district includes Houston, called the closures alarming as hospitalizations have spiked in Texas.

“If we lose those sites, they’ll just put more pressure on some of the other clinics,” she told MSNBC in an interview, adding that she has asked federal authorities to delay the move until August.

President Donald Trump has lamented the rising U.S. coronavirus cases and sought to put the onus on increased testing, which he said makes the United States look bad. He told a weekend political rally that he asked for testing to be slowed down, something White House and top U.S. health officials have said was not requested.

Besides more testing, health experts have said the rise in U.S. cases is due to a higher proportion of positive test results and more community spread in some states.

The Trump administration tried to move testing site responsibility to states in April, but backed off the effort under pressure from lawmakers, NBC reported.

The National Governors Association had no comment on the report. Representatives for the governors of the five affected states could not be immediately reached.

(Reporting by Susan Heavey in Washington, Caroline Humer in New York; additional reporting by Rama Venkat in Bengaluru; Editing by Franklin Paul and Richard Chang)

Trump: will submit ‘enhanced papers’ on U.S. Supreme Court immigration decision

WASHINGTON (Reuters) – President Donald Trump on Friday said his administration will make a filing on “Dreamer” immigrants who are in the United States illegally but entered as children, without providing details, to address the Supreme Court’s ruling he broke federal procedure law in ending a program shielding them from deportation.

“The Supreme Court asked us to resubmit on DACA, nothing was lost or won. They ‘punted’, much like in a football game (where hopefully they would stand for our great American Flag). We will be submitting enhanced papers shortly in order to properly fulfil[l] the Supreme Court’s ruling & request of yesterday,” Trump wrote on Twitter, referring to the Deferred Action for Childhood Arrivals policy.

Trump did not explain what he meant by “enhanced papers.” The highest court in the country left the door open for Trump to attempt again to rescind the program, ruling only that the administration had not met a procedural requirement and its actions were “arbitrary and capricious” under a federal law called the Administrative Procedure Act.

Ken Cuccinelli, the Department of Homeland Security acting deputy secretary, on Friday said the department would “move as quickly as possible” to present Trump with various executive options he could take.

“That still leaves open the appropriate solution, which the Supreme Court mentioned, and that is that Congress step up to the plate,” he told Fox News in an interview shortly before Trump’s tweet.

(Reporting by Lisa Lambert and Susan Heavey, Editing by Franklin Paul and Jonathan Oatis)

U.S. Supreme Court blocks Trump bid to end ‘Dreamers’ immigrant program

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Thursday dealt President Donald Trump a major setback on his hardline immigration policies, blocking his bid to end a program that protects from deportation hundreds of thousands of immigrants – often called “Dreamers” – who entered the United States illegally as children.

The justices on a 5-4 vote upheld lower court rulings that found that Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program, created in 2012 by his Democratic predecessor Barack Obama, was unlawful.

Conservative Chief Justice John Roberts joined the court’s four liberals in finding that the administration’s actions were “arbitrary and capricious” under a federal law called the Administrative Procedure Act.

The ruling means that the roughly 649,000 immigrants, mostly young Hispanic adults born in Mexico and other Latin American countries, currently enrolled in DACA will remain protected from deportation and eligible to obtain renewable two-year work permits.

The ruling does not prevent Trump from trying again to end the program. But his administration is unlikely to be able to end DACA before the Nov. 3 election in which Trump is seeking a second four-year term in office.

“We do not decide whether DACA or its rescission are sound policies. We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action,” Roberts wrote.

The ruling marks the second time this week that Roberts has ruled against Trump in a major case following Monday’s decision finding that gay and transgender workers are protected under federal employment law. [L1N2DS0VW]

“These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives,” Trump wrote on Twitter after the DACA ruling.

The court’s four other conservatives including two Trump appointees, Neil Gorsuch and Brett Kavanaugh, dissented.

“Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision,” Justice Clarence Thomas wrote in dissent.

Thomas, whose dissent was joined by Gorsuch and Justice Samuel Alito, said DACA itself was “substantively unlawful.”

Trump’s administration has argued that Obama exceeded his constitutional powers when he created DACA by executive action, bypassing Congress.

A collection of states including California and New York, people currently enrolled in DACA and civil rights groups all filed suit to block Trump’s plan to end the program. Lower courts in California, New York and the District of Columbia ruled against Trump and left DACA in place, finding that his move to revoke the program violated the Administrative Procedure Act.

Only one justice, liberal Sonia Sotamayor, embraced arguments made by plaintiffs that the policy may have been motivated by discriminatory bias against immigrants. Sotamayor is the court’s first Hispanic justice.

Trump has made his crackdown on legal and illegal immigration, including pursuing construction of a wall along the U.S.-Mexican border, a central part of his presidency and his 2020 re-election campaign.

‘I FEEL CONTENT’

DACA recipients and their supporters in Congress including House of Representatives Speaker Nancy Pelosi and in the business community welcomed the ruling and called for permanent protections to be enacted.

“I feel content. I think the decision was what we deserved, but at the same time I am also thinking we still have to defend the program,” said Melody Klingenfuss, a 26-year-old DACA recipient and organizer with the California Dream Network.

Roberts a year ago also cast the decisive vote in a Supreme Court loss for the Republican president when the justices blocked Trump’s administration from adding a citizenship question to the 2020 census that critics said was an effort to dissuade immigrants from taking part in the decennial population count. That case raised similar questions about whether Trump’s administration followed lawful procedures in a reaching policy decision.

Immigrants had to meet certain conditions to qualify for DACA enrollment such as not being convicted of a felony or significant misdemeanor and being enrolled in high school or having a high school diploma or equivalent.

Government figures show that upwards of 95 percent of current enrollees were born in Latin America, including 80 percent from Mexico, followed by El Salvador, Guatemala and Honduras. Nearly half live in California and Texas. The average age of DACA enrollees is 26.

Obama created the DACA program after Congress failed to pass bipartisan legislation that would have overhauled U.S. immigration policy and offered protections for the immigrants known as “Dreamers,” a moniker derived from the name of an immigration bill.

The young immigrants for whom the program was devised, Obama said, were raised and educated in the United States, grew up as Americans and often know little about their countries of origin. After Thursday’s ruling, Obama wrote on Twitter, “We may look different and come from everywhere, but what makes us American are our shared ideals.”

(Reporting by Lawrence Hurley; Additional reporting by Ted Hesson, Kristina Cooke Andrew Chung and Jan Wolfe; Editing by Will Dunham)

Trump signs order on police reform after weeks of protests about racial injustice

By Jeff Mason

WASHINGTON (Reuters) – President Donald Trump, facing criticism that his policies and inflammatory rhetoric have aggravated a racial divide in the United States, signed an order on Tuesday that he said would reform police practices even as he pressed for “law and order” nationwide.

After weeks of protests against racism and police brutality prompted by the death of George Floyd, a black man killed on May 25 in police custody in Minneapolis, Trump sought to offer a policy response to rising concerns about racial injustice going into the Nov. 3 election, in which he is seeking a second term.

Trump, a Republican, opened his remarks by expressing sympathy to the families of victims of police violence, pledging to fight for justice and promising them their loved ones will not have died in vain. But he quickly pivoted to a defense of law enforcement officers and a threat of penalties to looters.

“Americans want law and order, they demand law and order,” Trump said at a ceremony at the White House, reiterating a call that has angered protesters who have poured onto streets from New York to Los Angeles.

“Americans know the truth: Without police there is chaos, without law there is anarchy, and without safety there is catastrophe,” he said.

In his public comments and on Twitter, Trump has called for crackdowns on protesters and emphasized a forceful and militarized response to the social unrest sparked by the death of Floyd and others. Despite issuing a call for unity, he used his Rose Garden address on Tuesday to criticize former President Barack Obama, the first black U.S. president, for his record on police reforms. Opinion polls show widespread concerns among Americans about police brutality.

Tuesday’s order encourages police departments to employ the latest standards for use of force, improve information sharing so that officers with poor records are not hired without their backgrounds being known, and add social workers to law enforcement responses to non-violent cases involving drug addiction and homelessness, officials said.

Trump’s proposal would steer federal money toward police departments that get certification by outside bodies and would ban chokeholds unless an officer’s life was in danger. It also would encourage them to use less-lethal weapons such as stun guns.

Civil-rights groups and top Democrats, including former Vice President Joe Biden, the presumptive Democratic presidential nominee, said the order was insufficient.

Trump reiterated that he opposes calls to “defund the police” by reimagining or dismantling police departments. Leading Democrats, including Biden, have not embraced such calls, but Republicans have jumped on the issue.

The Democratic-led House of Representatives is expected to vote later this month on sweeping legislation put forward by the Congressional Black Caucus to rein in police misconduct.

Senate Republicans are expected to unveil their own legislation on Wednesday that concentrates more on data collection than on policy changes in areas involving lethal force. Trump urged Congress to act.

Democrats want to allow victims of misconduct and their families to sue police. Republicans are pushing to reduce job protections for members of law enforcement unions.

Trump’s decision to ban chokeholds appears similar to the ban included in the Democratic legislation.

Republican lawmakers are divided on that issue.

Inimai Chettiar of the Justice Action Network said the use of grant money to influence police department policies could be an effective way to get results, but she noted that Trump’s Justice Department has resisted other reform efforts.

“I have a lot of skepticism in terms of how rigorously this is going to be implemented,” she said. Other civil-rights groups said Trump’s order did not go far enough.

(Reporting by Jeff Mason; additional reporting by Doina Chiacu, David Morgan and Sarah N. Lynch; Editing by Andy Sullivan, Sonya Hepinstall, Cynthia Osterman and Jonathan Oatis)

In landmark ruling, U.S. Supreme Court bars discrimination against LGBT workers

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday delivered a watershed victory for LGBT rights and a defeat for President Donald Trump’s administration by ruling that a longstanding federal law barring workplace discrimination protects gay and transgender employees.

The landmark 6-3 ruling represented the biggest moment for LGBT rights in the United States since the Supreme Court legalized same-sex marriage nationwide in 2015. Two conservative justices joined the court’s four liberals in the decision: Neil Gorsuch, a 2017 Trump appointee who wrote the ruling, and Chief Justice John Roberts.

The justices decided that gay and transgender people are protected under Title VII of the Civil Rights Act of 1964, which bars employers from discriminating against employees on the basis of sex as well as race, color, national origin and religion.

Workplace bias against gay and transgender employees had remained legal in much of the country, with 28 U.S. states lacking comprehensive measures against employment discrimination. The ruling – in two gay rights cases from Georgia and New York and a transgender rights case from Michigan – recognizes new worker protections in federal law.

“The Supreme Court’s historic decision affirms what shouldn’t have even been a debate: LGBTQ Americans should be able to work without fear of losing jobs because of who they are,” said Sarah Kate Ellis, president of the gay rights group GLAAD.

The legal fight focused on the definition of “sex” in Title VII. The plaintiffs, along with civil rights groups and many large companies, had argued that discriminating against gay and transgender workers was inherently based on their sex and consequently was illegal.

Trump’s administration had backed the employers who were sued for discrimination. The administration and the employers argued that Congress did not intend for Title VII to protect gay and transgender people when it passed the law. Gorsuch conceded that point in his opinion but said what mattered was the text of the law.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Gorsuch wrote. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

Strongly supported by evangelical Christian voters, Trump has taken actions that have undermined gay and transgender rights since taking office in 2017.

Conservative Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented from the ruling. Writing in dissent, Alito said the court had basically re-written the law.

“There is only one word for what the court has done today: legislation,” Alito wrote.

‘TREATED FAIRLY’

The court ruled in two consolidated cases about gay people who have said they were fired due to their sexual orientation. One involved a former county child welfare services coordinator from Georgia named Gerald Bostock. The other involved a New York skydiving instructor named Donald Zarda who died after the litigation began, with the matter then pursued by his estate.

The court also ruled in a case that involved a transgender funeral director named Aimee Stephens fired by a Detroit funeral home after revealing plans to transition from male to female. Stephens died in May. Stephens’ wife Donna is now representing the estate.

“I am grateful for this victory to honor the legacy of Aimee, and to ensure people are treated fairly regardless of their sexual orientation or gender identity,” Donna Stephens said in a statement.

Gorsuch wrote that “there is no way an employer can discriminate against those who check the homosexual or transgender box without discriminating in part because of an applicant’s sex.”

“By discriminating against homosexuals, the employer intentionally penalizes men for being attracted to men and women for being attracted to women. By discriminating against transgender persons, the employer unavoidably discriminates against persons with one sex identified at birth and another today,” Gorsuch wrote.

The Human Rights Campaign gay rights group called the decision “a landmark victory for LGBTQ equality.”

Alphonso David, the group’s president, said, “No one should be denied a job or fired simply because of who they are or whom they love.”

The White House had no immediate comment.

Trump’s Justice Department reversed the government’s position taken under Democratic former President Barack Obama that Title VII covered sexual orientation and gender identity.

Trump’s administration last week issued a rule that would lift anti-discrimination protections for transgender people in healthcare.

His administration also has backed the right of certain businesses to refuse to serve gay people on the basis of religious objections to gay marriage, banned most transgender service members from the military and rescinded protections on bathroom access for transgender students in public schools.

(Reporting by Lawrence Hurley in Washington; Additional reporting by Andrew Chung in New York; Editing by Will Dunham)