“I’m 100% Gay” Case Heads to Oral Argument: How Will Gumby Rule?

A male skydiver was trying to reassure a female customer who expressed concern about being strapped closely in front of the man. “Don’t worry, I’m 100% gay.” This only agitated the customer who complained to the thrill-seeking company, Altitude Express. The boss fired the instructor, Donald Zarda.

Zarda filed a lawsuit under Title VII, a law that prohibits discrimination “because … of sex.” Look at those words: Do they limit protection to heterosexuals? No, say Zarda’s lawyers. Do they say LGBTQ employees? No, say the company’s lawyers.

The case will be heard next week in oral arguments before the Supreme Court. 
Why did they pick this case? My educated guess is they wanted a case that unambiguously presented a fact pattern of a gay person (here, self-declared), where being gay was the very reason for being fired. Although Mr. Zarda's phrasing "I'm 100% gay" is unusual, it tees up the legal issue perfectly.
Eight votes are almost certain to predict. There is some (not much) thought that Chief Justice John Roberts will follow retired Justice Kennedy and be a swing liberal vote on LGBTQ issues.

As you may know, I am using Gumby in class to portray Chief Justice Roberts because he has shown a marked tendency to move to the Court’s center (remember, Gumby can bend to the right or left). In this case, I predict Chief Justice Gumby will tilt to the right and rule with the employer. I think he is saving his bend-to-the-left for crucial constitutional matters such as the census case this past year.

PS: Mr. Zarda died in a skydiving accident after he filed his lawsuit. His family loved him so dearly, and were so hurt by his firing, that they are paying to keep his lawsuit alive.