Similarly, the defendant in Harris Funeral Homes, the trans discrimination case, tried to force their former employee Aimee Stephens, a trans woman, to comply with her bosss understanding of how a man should dress and act in order to keep her job.
Later, when David Cole Aimee Stephens lawyer did take the podium, Gorsuch returned to this theme. For something as drastic as bathrooms and dress codes, he suggested, maybe the Court should show judicial modesty when interpreting statutes that are really old.