SCOTUS divided over LGBTQ ruling?

“The View” co-hosts respond to the activists that rallied outside the Supreme Court as justices discussed employment discrimination against gay, lesbian and transgender Americans for the first time.
5:19 | 10/09/19

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Transcript for SCOTUS divided over LGBTQ ruling?
it's begun. Yesterday, there were protests outside the supreme court as they heard arguments about whether federal discrimination laws protect gay and transgender workers as well. Now the conservative argument apparently is that civil rights act of 1964 wasn't talking about protecting people based on sexual orientation, so it's up to congress to pass a new law. It is 2019. I mean, one would think that as we found discrimination, we would say under this umbrella, you're not allowed to discriminate against people. Right. Right. We have made very specific laws about hate crimes. Mm-hmm. You know, and it's very spelled out in there. So I don't understand why the civil rights law of 1964 which was put in place because people needed a law to say, don't do this. Right. It's not okay. We're telling you as a nation to quit hanging people. Well, 93% in a poll of Americans say they're very equal rights in the workplace just as you described. Mm-hmm. Who are the other 7%? Well -- I'm not saying that to be funny. I'm saying that because I'm curious. People may be religiously against it. I don't know, but it would be tragic. You have gay marriage. You can get married, but can't work. It doesn't make sense. You're not protected. It has to be changed. Myself included. 50% think it, but federal law has never protected sexual orientation. Except as a hate crime. Well, except as a hate crime, but not under title 7. 21 states have enacted laws to protect work discrimination against people based on -- One of those states is not Arizona, and our senator is bisexual. Kristen Sinema. This was a big deal. It's always historic. I can't believe this is something we're still talking about. Oh yeah. You were very surprised it's not prektded in the workplace. A lot of people are, and a lot of people are not aware that this is happening, and for me it's a slippery slope. Either we're protecting those who need protection as we discover them -- Yeah. Or we're not, and none of us are protected. Yeah. So we have to decide. This is not about -- this is no longer just about black people. It's about women. It's about gay people. It's about transgender folks. It's about people who identify however they identify. This is America where you can come and be whoever you need to be, and that is the beauty of this country. This is not -- and this is no knock to religious people. You also -- religious people -- are free to believe what you want to believe. Right. I feel if you are in service, you -- and you don't want to wait on black people or gay people or, you know, people are going to say to you, then you shouldn't be in service. You have to get another kind of we used to live very well together with all our different religious beliefs without this idea that somebody was pooping on somebody's religious beliefs because they believe differently. This is America. This is why they left England. They came here so they could practice whatever religion they wanted to be, whoever they wanted to be, and just because it's not in the history books doesn't mean it didn't happen or wasn't happening. Whoopi, I think what you said earlier -- Ruth Bader Ginsburg alluded to your point earlier because she said in 1964 when the civil rights act was passed, no one thought they would be talking about sexual harassment under title 7. That's right. 20 years later, sexual harassment cases were brought under title 7. People were thinking it was more race based. So I really think now it makes perfect sense for sexual orientation to be covered under title 7 because the laws should be changing. What is the argument? I heard there's a slippery slope the other way. There are protections over bathrooms and you get into all these other things that aren't written in this law. Right. I think you can't -- You should have a bathroom that represents everybody. It complicates it. That's not where I stand. This is another argument. You said there's going to be this big societal upheavupheaval, but what doesn't make sense is this is passed in 22 states and two territories, Guam and Puerto Rico. One of my best friends got married last weekend. Way to go Arizona. One of my best friends married his partner two weekends ago, and it was the first gay wedding I had been do, and it was one of the most beautiful weddings, and I had chills. I was thinking, it took us way too long to get here. It look us way too long to watch people marry the person they love. I feel about this issue, we'll look back and wonder why. What were the issues?

This transcript has been automatically generated and may not be 100% accurate.

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