Ohio Attorney General Dave Yost is joining the U.S. Department of Justice in arguing before the U.S. Supreme Court that federal civil rights laws do not protect LGBTQ employees against discrimination in the workplace.

The Republican announced Friday that he had joined a friend-of-the-court brief filed by other states in the case the Supreme Court is scheduled to hear next month.

In ruling on three cases consolidated into one, the justices will determine if the prohibition in the Civil Rights Act of 1964 against discrimination on the basis of "sex" extends to also protect gay, lesbian, bisexual and transgender workers.

Federal courts have issued differing rulings in the matter. The Equal Employment Opportunity Commission ruled in one case that a transgender funeral home worker was illegally fired due to discrimination.

"This case is about whether the judiciary gets to write new laws or if that should be left to elected legislators," Yost said in a statement.

"The plain language of Title VII prohibits employers from discriminating because of sex, not sexual orientation or gender identity. If the law is to be amended, Congress, not the courts, should be the one doing it.”

rludlow@dispatch.com

@RandyLudlow