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Can a business fire someone because they鈥檙e LGBTQ? The Supreme Court will soon tell us.

After a funeral home outside Detroit fired Aimee Stephens because she is transgender, Aimee won a federal appeals court ruling that the firing violated the federal law barring sex discrimination in the workplace. After Don Zarda was fired from his job as a skydiving instructor because he鈥檚 gay, another federal appeals court ruled that his firing, too, was sex discrimination.

On Monday, the Supreme Court announced that it would take up Aimee and Don鈥檚 cases (plus a third) to decide whether to take those civil rights protections away from Aimee, Don, and all LGBTQ people in America. Not surprisingly, President Trump鈥檚 Department of Justice will argue that it should.

In Aimee鈥檚 case, she worked for six years in a job she loved as funeral director, getting great reviews. Her boss and co-workers knew her as a man, but she always knew she was female. In 2013, Aimee gathered the strength to come out to her supervisor as the woman she is. She was hoping to find acceptance and to be judged on her good performance alone. Instead, her boss fired her, making no bones about the fact that it was because she was transgender.

Aimee Stephens

In Don鈥檚 case, he worked at a skydiving company on Long Island, New York. Don鈥檚 teaching often involved tandem skydives, in which he was strapped hip-to-hip and shoulder-to-shoulder with customers learning how to jump. In the summer of 2010, as Don was strapping himself to a female customer for one of those tandem dives, he told her that he was gay to assuage any concern she had about being strapped to a man she didn鈥檛 really know. He never thought the comment would cause the end of his career at Altitude Express. But after the dive, Don鈥檚 boss fired him because a client learned he was gay.

In both Aimee and Don鈥檚 cases, the appeals courts ruled that they were discriminated against because of their sex. If Aimee was a valued employee when her boss thought she was a man, but unacceptable when he learned she was a woman, it鈥檚 frankly hard to see what it could be other than sex discrimination. In addition, the court in Aimee鈥檚 case 鈥� following court decisions over many years 鈥� held that discrimination based on transgender status is a form of sex discrimination because it鈥檚 impossible to describe what it means to be transgender without talking about a person鈥檚 sex.

Similarly, the court in Don鈥檚 case held that discrimination based on sexual orientation is a form of sex discrimination because you can鈥檛 describe what it means to be gay without talking about a person鈥檚 sex.

In addition, the courts held that both Aimee and Don were penalized for failing to conform to their employer鈥檚 sex stereotypes 鈥� in Don鈥檚 case that men should be attracted to women and in Aimee鈥檚 case that people who are assigned the male sex at birth are not supposed to look and behave as women.

The Equal Opportunity Employment Commission agrees that anti-LGBTQ discrimination is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. And for several years it has been enforcing that statute on behalf of LGBTQ people from every corner of the country who face workplace discrimination.

Unfortunately, President Trump鈥檚 Justice Department has taken the opposite position 鈥� arguing in both of these cases that it鈥檚 perfectly legal under federal law to fire Aimee because she鈥檚 trans and Don because he鈥檚 gay.

The Supreme Court ruling that Trump seeks 鈥� that firing LGBTQ people is legal 鈥� would most of America. A core American value is that people should be judged in the workplace based on their performance, not their identity. It鈥檚 a travesty that our government is advocating for discrimination to be legal.

The stakes here are huge. If federal law says it鈥檚 fine to fire someone because she鈥檚 lesbian or transgender, other federal civil rights laws may well not protect LGBTQ people, either. The federal education anti-discrimination law may not stop schools from harassing transgender students. The Federal Housing Act may not stop landlords from evicting same-sex couples. And the Affordable Care Act may not prevent health care providers from turning away transgender people. In fact, such a ruling could lead to the very 鈥溾�� of transgender people from civil rights laws that the Trump Administration is reported to have been considering last fall.

Tragically, Don died in a skydiving accident in 2014. Don鈥檚 surviving partner, Bill Moore, and his sister, Melissa Zarda, have continued the lawsuit on behalf of Don鈥檚 estate. Bill and Melissa will be at the Supreme Court this spring along with Aimee, and all three will fight to ensure that the court doesn鈥檛 strip millions of LGBTQ people in America of the federal non-discrimination protections that current law provides.

Here鈥檚 hoping the court lives up to the nation鈥檚 values and rejects the Trump administration鈥檚 effort to relegate LGBTQ people to second-class status.