The Roberts Court, November 30, 2018. Seated, from left to right: Justices Stephen G. Breyer and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito. Standing, from left to right: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh. Photograph by Fred Schilling, Supreme Court Curator's Office.
Lauren Evans: Welcome back. Virginia and I are in the studio today with religious liberty superstar Emilie Kao. Emilie is an attorney and director of the Richard and Helen DeVos Center for Religion and Civil Society at The Heritage Foundation and has spent the past 14 years fighting for religious liberty. Welcome to the show, Emilie.
Emilie Kao: Thank you, Lauren.
Evans: There’s a case that will be heard by the Supreme Court where a man who identifies as a woman is alleging sex discrimination after being fired from their job at a funeral home. Can you tell us more about this case, Emilie?
Kao: Yes. The Harris Funeral Homes case originated when a male employee of a funeral home wanted to start presenting as a woman. He wanted to start dressing as a woman, and the funeral home has a sex-specific dress code, which is legal.
The funeral home owner, Thomas Rost, was very concerned, not only about his employees, his female employees, who might have to share bathrooms with the male employee, but also about the effect on the people whom the funeral homes serve. Because these are people who are grieving at a time when they’re very focused on their emotional loss, and it could be very distracting and even disturbing for them to see a man dressed as a woman. ….