Chief Justice John G. Roberts Jr. is known for running a court based on judicial restraint. Vogler told POPSUGAR that when Justice Kennedy — who was the decisive swing vote on several 5-4 decisions dealing with LGBTQ+ rights — left the court in 2018, Roberts became the new "ideological center" of the court.
During oral arguments, Roberts repeatedly pointed out Aimee Stephens's firing for a dress code violation only became discriminatory in the context that Aimee is a transgender woman. That discrimination, according to Roberts, was based based on gender identity, not just sex. Based on these comments, Roberts most likely believes protections against discrimination because of sex in Title XII is not inclusive of discrimination based on sexuality or gender expression. As Roberts has broadly avoided rewriting laws or precedent, shown by his strong worded dissent in the Obergefell v. Hayes case legalizing gay marriage, his decision will most likely focus on his interpretation of the literal meaning and wording of Title XII and rule against the plaintiffs.
