Anti-LGBTQ+ federal Judge Matthew Kacsmaryk ruled that Title VII of the 1964 Civil Rights Act doesn’t protect LGBTQ+ people from workplace discrimination — it only protects them from discriminatory termination. Kacsmaryk’s ruling contradicts the 2020 U.S. Supreme Court decision in Bostock v. Clayton County, a case that classified anti-LGBTQ+ workplace discrimination as a form of sex-based harassment prohibited by Title VII.

In the case, the state of Texas sued the federal Equal Employment Opportunity Commission (EEOC), claiming that the federal agency’s June 2021 guidance interpreting Title VII as prohibiting anti-LGBTQ+ workplace discrimination violated Texas’s “sovereign right” to establish governmental workplace policies dictating employee names, pronouns, dress codes, and facility usage as being based on a person’s sex assigned at birth (and not their gender identity).

The EEOC’s June 2021 guidance said that, to avoid illegally discriminating against LGBTQ+ people in the workplace, adherence to dress codes, use of personal pronouns, and access to gender-segregated facilities must be differentiated based on one’s gender identity and not their sex assigned at birth. 

Texas said that the EEOC violated Texas’s free speech rights and Title VII’s sex-based protections by forcing the state’s Department of Agriculture (TDA) to base its workplace policies on gender identity instead of one’s sex assigned at birth. These particular TDA workplace policies were created by Sid Miller, a supporter of the current U.S. president who has said he’s “thrilled” by the ban on trans military members and has called trans identity a form of “leftist social experimentation.”

Texas sued the EEOC with the assistance of the Heritage Foundation, the right-wing think tank that constructed Project 2025, the very anti-LGBTQ+ blueprint for the current U.S. president’s second term in office.

Kacsmaryk agreed with the state of Texas, ruling that the TDA’s policies can legally ban transgender employees from using restrooms, pronouns, and dress codes that align with their gender identity. The TDA’s policies don’t constitute unequal treatment of trans employees, Kacsmaryk wrote, because they “equally” apply to everyone based on their sex assigned at birth, Truthout reported.

Kacsmaryk’s ruling altogether ignores trans identities in a manner consistent with the current president’s interpretation of federal anti-discrimination law. The president has signed executive orders directing all federal agencies, including the EEOC, to end all legal recognition of trans people’s gender identities and to, instead, only recognize a person’s “biological sex” as assigned at birth.

Kacsmaryk ordered the EEOC to remove all references to sexual orientation and gender identity as protected classes under Title VII from its June 2021 guidance.

In 2022, Kacsmaryk ruled against LGBTQ+ protections in Section 1557 of the Affordable Care Act – a law that bans healthcare discrimination on the basis of sex. The two doctors who sued in that case were represented by former Trump advisor Stephen Miller’s America First Legal Foundation, a far-right public interest group that opposes pro-LGBTQ+ civil rights.

Republicans and Christian groups often file their lawsuits in his district because of his tendency to rule in their favor.

Before his 2019 Senate confirmation hearing, Kacsmaryk removed his byline from an article condemning transgender health care in the Texas Review of Law and Politics, a far-right publication that he led as a law student at the University of Texas. 

Hiding his contribution to the article likely prevented public scrutiny and questions about the article and his ties to The First Liberty Institute, a Christian conservative legal group that has represented clients who refused to serve LGBTQ+ people based on religious beliefs.