The Supreme Court heard oral arguments Tuesday in R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, the case of an individual who says they were fired for being transgender and sued citing Title VII of the Civil Rights Act and its prohibition on discrimination based on sex. Based on oral arguments, the Supreme Court’s opinions seem mixed. I predict a close 5-4 vote in either direction.

David Cole, counsel for Aimee Stephens, the transgender woman who sued the funeral home, made a strong case. The strength of his argument lay in his claim that he was not asking the Supreme Court to redefine sex. At one point in oral arguments Cole said: