Washington (CNN) The Trump administration reiterated to the Supreme Court on Friday that it does not believe that federal employment law that bans discrimination based on sex also encompasses discrimination based on transgender status.

The Justice Department's argument was included in the latest filing in one of the most important cases of the upcoming Supreme Court term. The issue, coupled with whether the law also protects claims of discrimination based on sexual orientation, is of critical importance to LGBT rights supporters who are seeking broadened protections.

The case will be heard on October 8, and the decision will come down in the heat of the presidential campaign. A major fact as well will be that Justice Anthony Kennedy, who often voted in favor of the LGBT community, is no longer on the court, and has been replaced by Justice Brett Kavanaugh.

Title VII, of the Civil Rights Act, that bars discrimination based on sex "does not bar discrimination because on transgender status," Solicitor General Noel Francisco argued in a brief filed with the Supreme Court Friday evening.

Lower courts -- and the federal government -- have split on the issue of whether Title VII provides such protections.

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