One of the more liberal and humanitarian focused justices on the court, Justice Ruth Bader Ginsburg is known for her willingness to stand up for the issues she believes in — especially when it comes to gender. Cases focused on gender discrimination, after all, drove her early career success. In the case of Obergefell v. Hayes, Ginsburg ruthlessly questioned the lawyer apposing the legalization of gay marriage explaining that the foundation of marriage was nothing to cling to. Ginsburg has never been one to cling to the past, and similar to Justice Breyer, prefers to interpret the Constitution based on its broader underlying principles of individual freedoms and equality.
In the cases argued on Oct. 8, Ginsburg maintained herself as an advocate of LGBTQ+ rights. During oral arguments in the Aimee Stephens case, Ginsburg brought up the point that claims of sexual harassment have been incorporated under the Title XII definition of discrimination based on sex, even though the concept of sexual harassment had not been established until almost a decade after Title XII was passed.
"I think the point Ginsburg is trying to make there, is that sexual harassment was not something that was originally outlined in Title [XII]," Vogler told POPSUGAR. "I think we can predict that Ginsburg is probably going to be on the plaintiff side here based on her past decisions and behaviors."
