The Philadelphia Inquirer quoted Professor Lisa Tucker in an article on three cases to be argued before the Supreme Court on October 8. The court will consider whether sexual orientation and gender identity are protected from employment discrimination under the Civil Rights Act of 1964. Title VII of that act prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. Two of the cases will be arguing that sexual orientation should be considered a subset of sex, and a third will make the same argument for gender identity.

The Inquirer reported:

These cases are about the interpretation of an existing law, one that could be changed by Congress under the normal legislative process, not needing a constitutional amendment. Lisa Tucker, an expert on the Supreme Court and a professor in Drexel University’s Kline School of Law, said that difference could prove important: The court may say Congress has had ample opportunity to make this the law but hasn’t, effectively deferring to the legislative system.

An authority on the U.S. Supreme Court, Tucker is the author of the forthcoming book “Supreme Secrets: Access, Transparency, and the United States Supreme Court” from Stanford University Press.