Photo: Ken Cedeno/Corbis via Getty Images

The Department of Justice told the Supreme Court in a brief Wednesday that federal law does not shield transgender workers from discrimination on the basis of their gender identity — a position that conflicts the view of the U.S. Equal Opportunity Commission.

The big picture: The Justice Department under President Trump has previously argued against protections for gender identity and sexual orientation. The brief follows a New York Times report this week that said the Trump administration plans to define "gender" as biological and fixed at birth.

The details: A conservative group is asking the Supreme Court to overturn a lower court ruling that said a Michigan funeral home violated a federal anti-discrimination law when it fired a transgender worker over compliance with its dress code.

  • Solicitor General Noel Francisco told the court it should not take up the case until it decides whether to review two cases that ask whether sexual-orientation bias is a form of sex discrimination.
  • Francisco argued that if the court takes up the case, the transgender employee should lose, because anti-discrimination law does not cover gender identity.

The backdrop: There has been conservative legal efforts to cement “religious liberty” laws that would allow businesses and others to refuse service to LGBTQ people without violating federal law.

  • The Supreme Court is eventually expected to decide whether the Civil Rights Act’s ban on sex discrimination includes discrimination based on someone’s sexual orientation or gender identity.

Go deeper

Updated 8 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 9:30 p.m. ET: 30,666,122 — Total deaths: 954,905— Total recoveries: 20,902,432Map.
  2. U.S.: Total confirmed cases as of 9:30 p.m. ET: 6,764,369 — Total deaths: 199,258 — Total recoveries: 2,577,446 — Total tests: 94,211,463Map.
  3. Politics: In reversal, CDC again recommends coronavirus testing for asymptomatic people.
  4. Health: The dwindling chances of eliminating COVID-19.
  5. World: Guatemalan president tests positive for COVID-19 — The countries painting their pandemic recoveries green.
Updated 2 hours ago - Technology

Trump agrees to TikTok deal

Illustration: Sarah Grillo/Axios

President Trump on Saturday said he approved "in concept" a deal whereby TikTok will be allowed to continue operating in the U.S., with Oracle as its "trusted technology partner."

Why it matters: TikTok has nearly 100 million U.S. users, and is still growing fast. Trump has threatened to ban it, due to data privacy concerns related to TikTok's ownership by Chinese tech company.

Updated 2 hours ago - Politics & Policy

Trump says Supreme Court nominee "will be a woman"

President Trump speaking prior to his departure from the White House on Sept. 19. Photo: Sarah Silbiger/Getty Images

President Trump said during a Fayetteville, North Carolina, rally Saturday he'll announce a nominee for Justice Ruth Bader Ginsburg's vacant Supreme Court seat "next week" and "it will be a woman."

Details: Trump told reporters earlier, "The choice of a woman, I would say, would certainly be appropriate."