Supreme Court nominee Brett Kavanaugh on Friday refused to say whether it should be legal to fire a person because of their sexual orientation.

New Jersey Senator Cory Booker, a Democrat, asked Kavanaugh whether it would “be wrong to fire a gay person?”

“In my workplace, I hire people because of their talents and abilities,” Kavanaugh answered.

“Morally, you think it's right to hire people, it doesn't matter their background,” Booker said. “Do [employers] have a legal right to fire someone just because they're gay, in your opinion?”

Kavanaugh answered that he would rather not discuss the issue because it was currently being litigated.

“The question, as I'm sure you're aware, of the scope of employment discrimination laws being litigated right now and therefore,” Kavanaugh replied. “Well, I'd like to talk to you about this more. Because that issue is in a variety of cases right now, it would be inconsistent, as I'm sure you can understand.”

Booker reminded Kavanaugh that “we still have a majority of the states where .. you can fire somebody because they're gay.”

“I guess you're not willing to tell me whether you personally, morally now, think that that's right or wrong,” he added.

“I'm a judge, and with the cases that you're well aware of now pending in the courts about the scope of the civil rights laws, the employment discrimination laws – of course, Congress can always make that clear,” Kavanaugh said.

“That's what I want to get to the point that you won't give me a moral answer because of the pending cases?” Booker asked.

“Right,” Kavanaugh replied.

The exchange came a day after Kavanaugh refused to say whether the high court's 2015 decision striking down state laws that excluded gay and lesbian couples from marriage was correctly decided.

(Related: Brett Kavanaugh refuses to answer Kamala Harris' marriage equality questions.)

Sarah Kate Ellis, CEO of GLAAD, criticized Kavanaugh's responses to questions related to LGBT Americans.

“Judge Kavanaugh refuses to answer simple questions on the dignity of LGBTQ Americans and is unfit to serve on the Supreme Court,” Ellis said in a statement. “With the world watching, Kavanaugh refused to tell LGBTQ Americans that we deserve equal protections under the law and Congress should take action before appointing him to a lifetime position where he will no doubt work to undermine our basic rights to liberty and justice.”